2.5 Probate of Lost or Destroyed Will

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

2.5 PROBATE OF LOST OR DESTROYED WILL

A lost or destroyed will may be probated only in a civil action brought for the purpose of setting up the lost or destroyed will and then probating it. ³⁰ The proponent must prove by clear and convincing evidence (i) that the will existed in legal form; (ii) the contents of the will (a copy of the will is admissible); and (iii) that the will has been lost or destroyed (but not revoked by destruction by the testator). ³¹ The burden of proof is on the proponent to establish by clear and convincing evidence...