This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Virginia USLegal Pamphlet on Lost Wills
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Obtaining a copy of a will probated in Virginia requires directly contacting the circuit court where the will was filed. The Virginia Judicial System website maintains an online list of contact information for circuit courts in all Virginia counties (see Resources).
Visit the clerk's office of the probate division of the Virginia Circuit Court you located. Request a copy of the will. Copy fees vary by county but typically do not exceed $1 per page.
To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.
Generally, estates cannot realistically close before six months after the decedent's death because the surviving spouse has the right to make her claim for an elective share within that six months.
If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.
Estates that include no real property and $50,000 or less in personal property are considered small estates, according to Virginia inheritance laws. These estates can avoid any sort of probate proceeding, as long as at least 60 days have passed since the individual's death.
You can only see a copy of the will with their permission. After the testator has died, the rules on who is entitled to see a copy of a will depend on whether a grant of probate has been issued yet: Before probate is granted, only the executors of the will are entitled to read it.
In general, a will is a private document unless and until a grant of probate is issued. Once a grant of probate has been issued, a will becomes a public document and anyone can apply to have a copy.
A. Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.
A. Every will or authenticated copy admitted to probate by any circuit court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum or as otherwise provided in § 17.1-213.