2.3 Requirements for Probate of a Will

• Library: Estate and Trust Administration in Virginia (Virginia CLE) (2019 Ed.)

2.3 REQUIREMENTS FOR PROBATE OF A WILL

2.301 Self-Proving Will. A self-proving will is one that may be admitted to probate without the testimony of witnesses. A properly executed will that is either self-proving at the time of execution or has been self-proved subsequently by a statutory affidavit will be admitted to probate without further proof. ¹³ A self-proving codicil that republishes the original will serves to self-prove the original. ¹⁴

2.302 Will That Is Not Self-Proving. A will that is not self-proving must comply with the formalities prescribed by section 64.2-403 of the Virginia Code or substantially comply with the formalities set forth in section 64.2-404 of the Virginia Code. One or perhaps two witnesses, as determined by the clerk, must state under oath that the requirements were met. If the will was executed by a person who was a member of the United States military service at the time of execution and the will, on its face and in the absence of contrary evidence, purports to have been properly witnessed, it

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is presumed valid and will be admitted to probate upon proof of the testator's signature by two disinterested witnesses. ¹⁵

2.303 Holographic Will. A will entirely in the testator's handwriting and signed by...