2.4 Methods of Probate

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

2.4 METHODS OF PROBATE

2.401 Ex Parte Probate. Both the circuit court and the clerk of the circuit court are empowered to probate wills. ²¹ An ex parte proceeding consists of the presentation of the will to the court or the clerk and the proof of due execution, either by testimony or by the self-proving affidavit. ²² An ex parte proceeding before the clerk is the method of probate most frequently used. Where probate is by the clerk, any interested party aggrieved by the clerk's decision may, within six months of the clerk's order, appeal to the circuit court as a matter of right for a de novo review. ²³

2.402 Quasi Inter Partes Probate. Under section 64.2-446(A) of the Virginia Code, a person offering a will for probate may obtain from the clerk a summons directed to interested parties to appear before the court to show cause why the will should not be admitted to probate. This is best used when particular persons are aggrieved, or thought to be aggrieved, by the will.

2.403 Inter Partes Probate. Under section 64.2-446(B), all interested parties are summoned to appear before a circuit court. Guardians ad litem may be appointed for minors and persons under a...