{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-444.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-444.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-444.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-444.html"}],"law_id":81738,"edition_id":1,"section_id":81738,"structure_id":13481,"section_number":"64.2-444","catch_line":"Clerks may probate wills","history":"Code 1950, \u00a7 64-73; 1968, c. 656, \u00a7 64.1-77; 1973, c. 217; 2012, c. 614.","full_text":"A\n\nThe clerk of any circuit court, or any duly qualified deputy of such clerk, may admit wills to probate, appoint and qualify executors, administrators, and curators of decedents, and require and take from them the necessary bonds, in the same manner and with like effect as the circuit court.B\n\nThe clerk shall keep an order book, in which shall be entered all orders made by him, or his deputy, in performance of his duties pursuant to subsection A, except probate orders that are recorded in the will book need not be entered in the order book.C\n\nAll wills heretofore admitted to probate by any duly qualified deputy clerk of any circuit court are deemed to have been properly admitted to probate to the same extent as if the clerk had acted in the proceeding.","order_by":null,"text":{"0":{"id":292808,"text":"The clerk of any circuit court, or any duly qualified deputy of such clerk, may admit wills to probate, appoint and qualify executors, administrators, and curators of decedents, and require and take from them the necessary bonds, in the same manner and with like effect as the circuit court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":292809,"text":"The clerk shall keep an order book, in which shall be entered all orders made by him, or his deputy, in performance of his duties pursuant to subsection A, except probate orders that are recorded in the will book need not be entered in the order book.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":292810,"text":"All wills heretofore admitted to probate by any duly qualified deputy clerk of any circuit court are deemed to have been properly admitted to probate to the same extent as if the clerk had acted in the proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13481,"edition_id":1,"name":"Probate","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13480,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":273307,"object_type":"structure","relational_id":13481,"identifier":"5","token":"64.2\/II\/4\/5","url":"\/64.2\/II\/4\/5\/","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":71870,"structure_id":13481,"section_number":"64.2-443","catch_line":"Jurisdiction of probate of wills","url":"\/64.2-443\/","token":"64.2\/II\/4\/5\/64.2-443","metadata":false},{"id":81738,"structure_id":13481,"section_number":"64.2-444","catch_line":"Clerks may probate wills","url":"\/64.2-444\/","token":"64.2\/II\/4\/5\/64.2-444","metadata":false},{"id":72738,"structure_id":13481,"section_number":"64.2-445","catch_line":"Appeal from order of clerk","url":"\/64.2-445\/","token":"64.2\/II\/4\/5\/64.2-445","metadata":false},{"id":63573,"structure_id":13481,"section_number":"64.2-446","catch_line":"Motion for probate; process against persons interested in probate","url":"\/64.2-446\/","token":"64.2\/II\/4\/5\/64.2-446","metadata":false},{"id":82982,"structure_id":13481,"section_number":"64.2-447","catch_line":"Use of depositions","url":"\/64.2-447\/","token":"64.2\/II\/4\/5\/64.2-447","metadata":false},{"id":81785,"structure_id":13481,"section_number":"64.2-448","catch_line":"Complaint to impeach or establish a will; limitation of action; venue","url":"\/64.2-448\/","token":"64.2\/II\/4\/5\/64.2-448","metadata":false},{"id":54444,"structure_id":13481,"section_number":"64.2-449","catch_line":"Procedure in probate proceedings","url":"\/64.2-449\/","token":"64.2\/II\/4\/5\/64.2-449","metadata":false},{"id":79419,"structure_id":13481,"section_number":"64.2-450","catch_line":"Probate of copy of will proved outside the Commonwealth; authenticated copy","url":"\/64.2-450\/","token":"64.2\/II\/4\/5\/64.2-450","metadata":false},{"id":80084,"structure_id":13481,"section_number":"64.2-451","catch_line":"Appointment of curator; when made; his duties","url":"\/64.2-451\/","token":"64.2\/II\/4\/5\/64.2-451","metadata":false},{"id":78942,"structure_id":13481,"section_number":"64.2-452","catch_line":"How will may be made self-proved; affidavits of witnesses","url":"\/64.2-452\/","token":"64.2\/II\/4\/5\/64.2-452","metadata":false},{"id":73914,"structure_id":13481,"section_number":"64.2-453","catch_line":"How will may be made self-proved; acknowledgment of witnesses","url":"\/64.2-453\/","token":"64.2\/II\/4\/5\/64.2-453","metadata":false},{"id":68103,"structure_id":13481,"section_number":"64.2-454","catch_line":"Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident","url":"\/64.2-454\/","token":"64.2\/II\/4\/5\/64.2-454","metadata":false},{"id":63901,"structure_id":13481,"section_number":"64.2-454.1","catch_line":"Will contest; presumption of undue influence","url":"\/64.2-454.1\/","token":"64.2\/II\/4\/5\/64.2-454.1","metadata":false}],"previous_section":{"id":71870,"structure_id":13481,"section_number":"64.2-443","catch_line":"Jurisdiction of probate of wills","url":"\/64.2-443\/","token":"64.2\/II\/4\/5\/64.2-443","metadata":false},"next_section":{"id":72738,"structure_id":13481,"section_number":"64.2-445","catch_line":"Appeal from order of clerk","url":"\/64.2-445\/","token":"64.2\/II\/4\/5\/64.2-445","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-444\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1968, chapter 656; in 1973, chapter 217; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":72738,"section_number":"64.2-445","catch_line":"Appeal from order of clerk","order_by":null,"url":"\/64.2-445\/"},{"id":81785,"section_number":"64.2-448","catch_line":"Complaint to impeach or establish a will; limitation of action; venue","order_by":null,"url":"\/64.2-448\/"}],"refers_to":false,"permalink":{"id":273313,"object_type":"law","relational_id":81738,"identifier":"64.2-444","token":"64.2\/II\/4\/5\/64.2-444","url":"\/64.2-444\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-444\/","token":"64.2\/II\/4\/5\/64.2-444","dublin_core":{"Title":"Clerks may probate wills","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-444","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The clerk of any circuit<\/span> court<\/span>, or any duly qualified deputy of such clerk, may admit wills<\/span> to probate, appoint and qualify executors, administrators, and curators of decedents, and require and take from them the necessary bonds<\/span>, in the same manner and with like effect as the circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The clerk shall keep an order<\/span> book, in which shall be entered all orders<\/span> made by him, or his deputy, in performance of his duties pursuant to subsection A, except probate orders<\/span> that are recorded in the will<\/span> book need not be entered in the order<\/span> book. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All wills<\/span> heretofore admitted to probate by any duly qualified deputy clerk of any circuit<\/span> court<\/span> are deemed to have been properly admitted to probate to the same extent as if the clerk had acted in the proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCLERKS MAY PROBATE WILLS (\u00a7 64.2-444)\n\nA. The clerk of any circuit court, or any duly qualified deputy of such clerk,\nmay admit wills to probate, appoint and qualify executors, administrators, and\ncurators of decedents, and require and take from them the necessary bonds, in\nthe same manner and with like effect as the circuit court.\n\nB. The clerk shall keep an order book, in which shall be entered all orders made\nby him, or his deputy, in performance of his duties pursuant to subsection A,\nexcept probate orders that are recorded in the will book need not be entered in\nthe order book.\n\nC. All wills heretofore admitted to probate by any duly qualified deputy clerk\nof any circuit court are deemed to have been properly admitted to probate to the\nsame extent as if the clerk had acted in the proceeding.\n\nHISTORY: Code 1950, \u00a7 64-73; 1968, c. 656, \u00a7 64.1-77; 1973, c. 217; 2012, c.\n614.","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}}