{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-409.html"}],"law_id":62443,"edition_id":1,"section_id":62443,"structure_id":14409,"section_number":"64.2-409","catch_line":"Wills of living persons lodged for safekeeping with clerks of certain courts","history":"Code 1950, \u00a7 64-57.1; 1958, c. 392; 1964, c. 390; 1968, c. 656, \u00a7 64.1-56; 1970, c. 567; 2012, c. 614; 2019, c. 529; 2020, cc. 68, 589, 1063.","full_text":"A\n\nA person or his attorney may, during the person’s lifetime, lodge for safekeeping with the clerk of the circuit court serving the jurisdiction where the person resides any will executed by such person. The clerk shall receive such will and give the person lodging it a receipt. The clerk shall (i) place the will in an envelope and seal it securely, (ii) number the envelope and endorse upon it the name of the testator and the date on which it was lodged, and (iii) index the same alphabetically by name of both the testator and the executor then qualified in a permanent index that shows the number and date such will was deposited.B\n\nAn attorney-at-law, bank, or trust company that has held a will for safekeeping for a client for at least seven years and that has no knowledge of whether the client is alive or dead after such time may lodge such will with the clerk as provided in subsection A.C\n\nThe clerk shall carefully preserve the envelope containing the will unopened until it is returned to the testator or his nominee in the testator’s lifetime upon request of the testator or his nominee in writing or until the death of the testator. If such will is returned during the testator’s lifetime and is later returned to the clerk, it shall be considered to be a separate lodging under the provisions of this section.D\n\nUpon notice of the testator’s death, the clerk shall open the will and deliver the same to any person entitled to offer it for probate.E\n\nThe clerk shall charge a fee of $5 for lodging, indexing, and preserving a will pursuant to this section.F\n\nThe provisions of this section are applicable only to the clerk’s office of a court where the judge or judges of such court have entered an order authorizing the use of the clerk’s office for such purpose.G\n\nThe clerk may destroy any will that has been lodged in his office for safekeeping under this section for 100 years or more.","order_by":null,"text":{"0":{"id":227709,"text":"A person or his attorney may, during the person’s lifetime, lodge for safekeeping with the clerk of the circuit court serving the jurisdiction where the person resides any will executed by such person. The clerk shall receive such will and give the person lodging it a receipt. The clerk shall (i) place the will in an envelope and seal it securely, (ii) number the envelope and endorse upon it the name of the testator and the date on which it was lodged, and (iii) index the same alphabetically by name of both the testator and the executor then qualified in a permanent index that shows the number and date such will was deposited.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227710,"text":"An attorney-at-law, bank, or trust company that has held a will for safekeeping for a client for at least seven years and that has no knowledge of whether the client is alive or dead after such time may lodge such will with the clerk as provided in subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":227711,"text":"The clerk shall carefully preserve the envelope containing the will unopened until it is returned to the testator or his nominee in the testator’s lifetime upon request of the testator or his nominee in writing or until the death of the testator. If such will is returned during the testator’s lifetime and is later returned to the clerk, it shall be considered to be a separate lodging under the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":227712,"text":"Upon notice of the testator’s death, the clerk shall open the will and deliver the same to any person entitled to offer it for probate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":227713,"text":"The clerk shall charge a fee of $5 for lodging, indexing, and preserving a will pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":227714,"text":"The provisions of this section are applicable only to the clerk’s office of a court where the judge or judges of such court have entered an order authorizing the use of the clerk’s office for such purpose.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":227715,"text":"The clerk may destroy any will that has been lodged in his office for safekeeping under this section for 100 years or more.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14409,"edition_id":1,"name":"Requisites and Execution","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:48:02","date_modified":"2026-06-26 03:48:02","permalink":{"id":273123,"object_type":"structure","relational_id":14409,"identifier":"1","token":"64.2\/II\/4\/1","url":"\/64.2\/II\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13480,"edition_id":1,"name":"Wills","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273121,"object_type":"structure","relational_id":13480,"identifier":"4","token":"64.2\/II\/4","url":"\/64.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84900,"structure_id":14409,"section_number":"64.2-400","catch_line":"Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property","url":"\/64.2-400\/","token":"64.2\/II\/4\/1\/64.2-400","metadata":false},{"id":86004,"structure_id":14409,"section_number":"64.2-401","catch_line":"Who may make a will; what estate may be disposed of","url":"\/64.2-401\/","token":"64.2\/II\/4\/1\/64.2-401","metadata":false},{"id":57541,"structure_id":14409,"section_number":"64.2-402","catch_line":"Advertisements to draw wills prohibited; penalty","url":"\/64.2-402\/","token":"64.2\/II\/4\/1\/64.2-402","metadata":false},{"id":67027,"structure_id":14409,"section_number":"64.2-403","catch_line":"Execution of wills; requirements","url":"\/64.2-403\/","token":"64.2\/II\/4\/1\/64.2-403","metadata":false},{"id":80803,"structure_id":14409,"section_number":"64.2-404","catch_line":"Writings intended as wills","url":"\/64.2-404\/","token":"64.2\/II\/4\/1\/64.2-404","metadata":false},{"id":66614,"structure_id":14409,"section_number":"64.2-404.1","catch_line":"Reformation of will to correct mistakes or achieve decedent's tax objectives","url":"\/64.2-404.1\/","token":"64.2\/II\/4\/1\/64.2-404.1","metadata":false},{"id":65138,"structure_id":14409,"section_number":"64.2-405","catch_line":"Interested persons as competent witnesses","url":"\/64.2-405\/","token":"64.2\/II\/4\/1\/64.2-405","metadata":false},{"id":78760,"structure_id":14409,"section_number":"64.2-406","catch_line":"Repealed","url":"\/64.2-406\/","token":"64.2\/II\/4\/1\/64.2-406","metadata":false},{"id":55752,"structure_id":14409,"section_number":"64.2-407","catch_line":"Will of personal estate of nonresidents","url":"\/64.2-407\/","token":"64.2\/II\/4\/1\/64.2-407","metadata":false},{"id":67704,"structure_id":14409,"section_number":"64.2-408","catch_line":"Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen","url":"\/64.2-408\/","token":"64.2\/II\/4\/1\/64.2-408","metadata":false},{"id":62443,"structure_id":14409,"section_number":"64.2-409","catch_line":"Wills of living persons lodged for safekeeping with clerks of certain courts","url":"\/64.2-409\/","token":"64.2\/II\/4\/1\/64.2-409","metadata":false}],"previous_section":{"id":67704,"structure_id":14409,"section_number":"64.2-408","catch_line":"Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen","url":"\/64.2-408\/","token":"64.2\/II\/4\/1\/64.2-408","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-409\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 392; in 1964, chapter 390; in 1968, chapter 656; in 1970, chapter 567; in 2012, chapter 614<\/a>; in 2019, chapter 529<\/a>; in 2020, chapters 68<\/a>, 589<\/a>, and 1063<\/a>.<\/p>","references":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"}],"refers_to":false,"permalink":{"id":273165,"object_type":"law","relational_id":62443,"identifier":"64.2-409","token":"64.2\/II\/4\/1\/64.2-409","url":"\/64.2-409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-409\/","token":"64.2\/II\/4\/1\/64.2-409","dublin_core":{"Title":"Wills of living persons lodged for safekeeping with clerks of certain courts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person or his attorney may, during the person’s lifetime, lodge for safekeeping with the clerk of the circuit<\/span> court<\/span> serving the jurisdiction<\/span> where the person resides any will<\/span> executed by such person. The clerk shall receive such will<\/span> and give the person lodging it a receipt. The clerk shall (i) place the will<\/span> in an envelope and seal it securely, (ii) number the envelope and endorse upon it the name of the testator and the date on which it was lodged, and (iii) index the same alphabetically by name of both the testator and the executor then qualified in a permanent index that shows the number and date such will<\/span> was deposited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An attorney-at-law<\/span>, bank, or trust company that has held a will<\/span> for safekeeping for a client for at least seven years and that has no knowledge of whether the client is alive or dead after such time may lodge such will<\/span> with the clerk as provided in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The clerk shall carefully preserve the envelope containing the will<\/span> unopened until it is returned to the testator or his nominee in the testator’s lifetime upon request of the testator or his nominee in writing or until the death of the testator. If such will<\/span> is returned during the testator’s lifetime and is later returned to the clerk, it shall be considered to be a separate lodging under the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon notice of the testator’s death, the clerk shall open the will<\/span> and deliver the same to any person entitled to offer it for probate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The clerk shall charge a fee of $5 for lodging, indexing, and preserving a will<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section are applicable only to the clerk’s office of a court<\/span> where the judge<\/span> or judges<\/span> of such court<\/span> have entered an order<\/span> authorizing the use of the clerk’s office for such purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The clerk may destroy any will<\/span> that has been lodged in his office for safekeeping under this section for 100 years or more. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWILLS OF LIVING PERSONS LODGED FOR SAFEKEEPING WITH CLERKS OF CERTAIN COURTS (\u00a7\n64.2-409)\n\nA. A person or his attorney may, during the person’s lifetime, lodge for\nsafekeeping with the clerk of the circuit court serving the jurisdiction where\nthe person resides any will executed by such person. The clerk shall receive\nsuch will and give the person lodging it a receipt. The clerk shall (i) place\nthe will in an envelope and seal it securely, (ii) number the envelope and\nendorse upon it the name of the testator and the date on which it was lodged,\nand (iii) index the same alphabetically by name of both the testator and the\nexecutor then qualified in a permanent index that shows the number and date such\nwill was deposited.\n\nB. An attorney-at-law, bank, or trust company that has held a will for\nsafekeeping for a client for at least seven years and that has no knowledge of\nwhether the client is alive or dead after such time may lodge such will with the\nclerk as provided in subsection A.\n\nC. The clerk shall carefully preserve the envelope containing the will unopened\nuntil it is returned to the testator or his nominee in the testator’s\nlifetime upon request of the testator or his nominee in writing or until the\ndeath of the testator. If such will is returned during the testator’s\nlifetime and is later returned to the clerk, it shall be considered to be a\nseparate lodging under the provisions of this section.\n\nD. Upon notice of the testator’s death, the clerk shall open the will and\ndeliver the same to any person entitled to offer it for probate.\n\nE. The clerk shall charge a fee of $5 for lodging, indexing, and preserving a\nwill pursuant to this section.\n\nF. The provisions of this section are applicable only to the clerk’s\noffice of a court where the judge or judges of such court have entered an order\nauthorizing the use of the clerk’s office for such purpose.\n\nG. The clerk may destroy any will that has been lodged in his office for\nsafekeeping under this section for 100 years or more.\n\nHISTORY: Code 1950, \u00a7 64-57.1; 1958, c. 392; 1964, c. 390; 1968, c. 656, \u00a7\n64.1-56; 1970, c. 567; 2012, c. 614; 2019, c. 529; 2020, cc. 68, 589, 1063.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}