Legal Question in Wills and Trusts in Virginia

Filing of a will

In the state of Va. does a will have to be filed w/the county clerk's/courthouse to be valid?

Asked on 7/19/06, 6:11 pm

2 Answers from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Filing of a will

Not to be valid but it must generally be probated upon the the death of the testator by such a filing.

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Answered on 7/19/06, 6:14 pm

James Wilson James H. Wilson, Jr., Attorney & Counsellor at Law

Re: Filing of a will

You should consult with a Virginia attorney to discuss the applicability of the law to the facts of your particular situation. The following is general legal information on the requirements of a writing and witnesses for a valid will in Virgina.

Section 64.1-49 of the Code of Virginia provides that a will must be in writing and, if it is not holographic, that it must be executed or acknowledged in the presence of two witnesses:

64.1-49. Will must be in writing, etc.; mode of execution; witnesses, and proof of handwriting. No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time; and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary. If the will be wholly in the handwriting of the testator that fact shall be proved by at least two disinterested witnesses.

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Answered on 7/20/06, 8:13 am

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