{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-447.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-447.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-447.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-447.html"}],"law_id":82982,"edition_id":1,"section_id":82982,"structure_id":13481,"section_number":"64.2-447","catch_line":"Use of depositions","history":"Code 1950, \u00a7 64-83; 1966, c. 314; 1968, c. 656, \u00a7 64.1-87; 1981, c. 183; 2012, c. 614.","full_text":"A\n\nThe deposition of a witness who subscribed a will attesting that the will is the will of the testator, or in the case of a holographic will, a witness attesting that the will is wholly in the handwriting of the testator, may be admitted as evidence to prove the will if the witness (i) resides outside of the Commonwealth or (ii) resides in the Commonwealth but is unable to testify for any reason before the court or clerk where the will is offered. For the purpose of taking such depositions, the person offering the will for probate shall be permitted to withdraw the will temporarily, leaving an attested copy with the court or clerk, or the clerk may give such person a certified copy of the will.B\n\nThe deposition of such witnesses shall be taken and certified in accordance with § 8.01-420.4 and the Rules of Supreme Court of Virginia, except that no notice of the time and place of taking the deposition need be given unless the probate is opposed by some person interested in the probate of the will. Such deposition may be taken prior to the time that the will is offered for probate and may be filed at the same time the will is offered for probate, provided, that if probate is opposed by some person interested in the probate of the will, such person shall have the right to examine such witness.","order_by":null,"text":{"0":{"id":297475,"text":"The deposition of a witness who subscribed a will attesting that the will is the will of the testator, or in the case of a holographic will, a witness attesting that the will is wholly in the handwriting of the testator, may be admitted as evidence to prove the will if the witness (i) resides outside of the Commonwealth or (ii) resides in the Commonwealth but is unable to testify for any reason before the court or clerk where the will is offered. For the purpose of taking such depositions, the person offering the will for probate shall be permitted to withdraw the will temporarily, leaving an attested copy with the court or clerk, or the clerk may give such person a certified copy of the will.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297476,"text":"The deposition of such witnesses shall be taken and certified in accordance with § 8.01-420.4 and the Rules of Supreme Court of Virginia, except that no notice of the time and place of taking the deposition need be given unless the probate is opposed by some person interested in the probate of the will. Such deposition may be taken prior to the time that the will is offered for probate and may be filed at the same time the will is offered for probate, provided, that if probate is opposed by some person interested in the probate of the will, such person shall have the right to examine such witness.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-447\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1966, chapter 314; in 1968, chapter 656; in 1981, chapter 183; in 2012, chapter 614<\/a>.<\/p>","references":false,"refers_to":[{"id":60387,"section_number":"8.01-420.4","catch_line":"Taking of depositions","order_by":null,"url":"\/8.01-420.4\/"}],"permalink":{"id":273325,"object_type":"law","relational_id":82982,"identifier":"64.2-447","token":"64.2\/II\/4\/5\/64.2-447","url":"\/64.2-447\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-447\/","token":"64.2\/II\/4\/5\/64.2-447","dublin_core":{"Title":"Use of depositions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-447","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The deposition<\/span> of a witness<\/span> who subscribed a will<\/span> attesting that the will<\/span> is the will<\/span> of the testator, or in the case of a holographic will<\/span>, a witness<\/span> attesting that the will<\/span> is wholly in the handwriting of the testator, may be admitted as evidence<\/span> to prove the will<\/span> if the witness<\/span> (i) resides outside of the Commonwealth or (ii) resides in the Commonwealth but is unable to testify for any reason before the court<\/span> or clerk where the will<\/span> is offered. For the purpose of taking such depositions<\/span>, the person offering the will<\/span> for probate shall be permitted to withdraw the will<\/span> temporarily, leaving an attested copy with the court<\/span> or clerk, or the clerk may give such person a certified copy of the will<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The deposition<\/span> of such witnesses shall be taken and certified in accordance with § 8.01-420.4<\/a> and the Rules of Supreme Court<\/span> of Virginia, except that no notice of the time and place of taking the deposition<\/span> need be given unless the probate is opposed by some person interested in the probate of the will<\/span>. Such deposition<\/span> may be taken prior to the time that the will<\/span> is offered for probate and may be filed at the same time the will<\/span> is offered for probate, provided, that if probate is opposed by some person interested in the probate of the will<\/span>, such person shall have the right to examine such witness<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF DEPOSITIONS (\u00a7 64.2-447)\n\nA. The deposition of a witness who subscribed a will attesting that the will is\nthe will of the testator, or in the case of a holographic will, a witness\nattesting that the will is wholly in the handwriting of the testator, may be\nadmitted as evidence to prove the will if the witness (i) resides outside of the\nCommonwealth or (ii) resides in the Commonwealth but is unable to testify for\nany reason before the court or clerk where the will is offered. For the purpose\nof taking such depositions, the person offering the will for probate shall be\npermitted to withdraw the will temporarily, leaving an attested copy with the\ncourt or clerk, or the clerk may give such person a certified copy of the will.\n\nB. The deposition of such witnesses shall be taken and certified in accordance\nwith § 8.01-420.4 and the Rules of Supreme Court of Virginia, except that\nno notice of the time and place of taking the deposition need be given unless\nthe probate is opposed by some person interested in the probate of the will.\nSuch deposition may be taken prior to the time that the will is offered for\nprobate and may be filed at the same time the will is offered for probate,\nprovided, that if probate is opposed by some person interested in the probate of\nthe will, such person shall have the right to examine such witness.\n\nHISTORY: Code 1950, \u00a7 64-83; 1966, c. 314; 1968, c. 656, \u00a7 64.1-87; 1981, c.\n183; 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}}