What are the Requirements to Probate a Will in Virginia?
A will that is self-proved may be admitted to probate by the clerk of the appropriate circuit court without the testimony of witnesses at the time that the will is offered for probate. For a will to be self-proved, the testator and the witnesses to the will must sign or swear to an affidavit before a notary public. The affidavit must be in the form prescribed by law and must reflect that the will was validly executed. The affidavit is typically attached to the will.
If a non-holographic will is not self-proved, it will be necessary to prove to the clerk of the court that the will was validly executed. In general, at least one witness to the will must state under oath that the requirements for valid execution of the will were met. A witness may make the statement in the form of a written deposition that can be presented to the clerk if the witness resides outside of Virginia or is unable to testify before the clerk. If the witnesses to the will (subscribing witnesses) are deceased, their signatures must be proved by two witnesses who are familiar with the handwriting of the subscribing witnesses. If a witness familiar with the subscribing witnesses' handwriting resides outside of Virginia or is unable to testify before the clerk, the witness may provide a written deposition.
A holographic will that was not witnessed may be admitted to probate. A clerk may admit to probate a holographic will that was not witnessed if at least 2 witnesses provide testimony that the will was entirely in the testator's handwriting and was signed by the testator.