{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-445.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-445.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-445.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-445.html"}],"law_id":72738,"edition_id":1,"section_id":72738,"structure_id":13481,"section_number":"64.2-445","catch_line":"Appeal from order of clerk","history":"Code 1950, \u00a7 64-74; 1968, c. 656, \u00a7 64.1-78; 2012, c. 614.","full_text":"Any person interested in the probate of the will may appeal any order entered pursuant to \u00a7 64.2-444 within six months after the entering of such an order, without giving any bond, to the circuit court whose clerk, or deputy, has made the order. Upon application for such appeal, the clerk or deputy shall enter forthwith in his order or will book an order allowing such appeal. The appeal shall be given precedence on the court’s docket. The matter shall be heard de novo by the court and a copy of its final order shall be entered into the clerk’s order or will book. At any time after such appeal is allowed, the court may enter an order for the protection of the persons interested in the probate of the will or for the protection or preservation of any property involved as it finds necessary.","order_by":null,"text":{"0":{"id":261997,"text":"Any person interested in the probate of the will may appeal any order entered pursuant to \u00a7 64.2-444 within six months after the entering of such an order, without giving any bond, to the circuit court whose clerk, or deputy, has made the order. Upon application for such appeal, the clerk or deputy shall enter forthwith in his order or will book an order allowing such appeal. The appeal shall be given precedence on the court’s docket. The matter shall be heard de novo by the court and a copy of its final order shall be entered into the clerk’s order or will book. At any time after such appeal is allowed, the court may enter an order for the protection of the persons interested in the probate of the will or for the protection or preservation of any property involved as it finds necessary.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-445\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":81738,"section_number":"64.2-444","catch_line":"Clerks may probate wills","order_by":null,"url":"\/64.2-444\/"}],"permalink":{"id":273317,"object_type":"law","relational_id":72738,"identifier":"64.2-445","token":"64.2\/II\/4\/5\/64.2-445","url":"\/64.2-445\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-445\/","token":"64.2\/II\/4\/5\/64.2-445","dublin_core":{"Title":"Appeal from order of clerk","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-445","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person interested in the probate of the will<\/span> may appeal<\/span> any order entered pursuant to \u00a7 64.2-444<\/a> within six months after the entering of such an order, without giving any bond<\/span>, to the circuit<\/span> court<\/span> whose clerk, or deputy, has made the order. Upon application for such appeal<\/span>, the clerk or deputy shall enter forthwith in his order or will<\/span> book an order allowing such appeal<\/span>. The appeal<\/span> shall be given precedence on the court<\/span>’s docket<\/span>. The matter shall be heard de novo<\/span> by the court<\/span> and a copy of its final order<\/span> shall be entered into the clerk’s order or will<\/span> book. At any time after such appeal<\/span> is allowed, the court<\/span> may enter an order for the protection of the persons interested in the probate of the will<\/span> or for the protection or preservation of any property involved as it finds necessary.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL FROM ORDER OF CLERK (\u00a7 64.2-445)\n\nAny person interested in the probate of the will may appeal any order entered\npursuant to \u00a7 64.2-444 within six months after the entering of such an order,\nwithout giving any bond, to the circuit court whose clerk, or deputy, has made\nthe order. Upon application for such appeal, the clerk or deputy shall enter\nforthwith in his order or will book an order allowing such appeal. The appeal\nshall be given precedence on the court’s docket. The matter shall be heard\nde novo by the court and a copy of its final order shall be entered into the\nclerk’s order or will book. At any time after such appeal is allowed, the\ncourt may enter an order for the protection of the persons interested in the\nprobate of the will or for the protection or preservation of any property\ninvolved as it finds necessary.\n\nHISTORY: Code 1950, \u00a7 64-74; 1968, c. 656, \u00a7 64.1-78; 2012, c. 614.","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}}