Virginia Sample Letter with Request for Copy of Last Will and Testament of Decedent
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How to fill out Sample Letter With Request For Copy Of Last Will And Testament Of Decedent?
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FAQ
Holographic (handwritten) wills are valid in Virginia, as long as at least two disinterested witnesses prove its authenticity. These types of wills are typically used in cases of an emergency where the testator doesn't have time to make a more formal will.
Generally, you will need to make a trip to the Office of the County Clerk in order to secure copies of the will. If you are not sure whether the office is in possession of the will and want to know how to find out if a will was filed, you can ask an employee in that office to search their records for it.
A. No will shall be valid unless it is in writing and signed by the testator, or by some other person in the testator's presence and by his direction, in such a manner as to make it manifest that the name is intended as a signature.
Even if you have a copy of the missing will, you can't just take it to the clerk's office and have it admitted to probate, like you could with a signed original. Instead, you have to file a lawsuit in the circuit court to "establish" the will.
A: If the original of the will cannot be found but it is believed that it was signed and never revoked or destroyed by the decedent, there is a procedure under which a copy of a lost will may be admitted to probate.
Because the original will is needed to be filed and a copy often cannot be used, it is important for a testator to know where his or her will is. There are several places where a will can be kept. One of the places that may be complicated or difficult to retrieve is a safe deposit box.
