{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-448.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-448.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-448.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-448.html"}],"law_id":81785,"edition_id":1,"section_id":81785,"structure_id":13481,"section_number":"64.2-448","catch_line":"Complaint to impeach or establish a will; limitation of action; venue","history":"Code 1950, \u00a7\u00a7 64-80, 64-84 through 64-86; 1968, c. 656, \u00a7\u00a7 64.1-84, 64.1-88 through 64.1-90; 1972, c. 825; 1977, c. 624; 1996, c. 58; 2012, c. 614.","full_text":"A\n\nA person interested in the probate of the will who has not otherwise been before the court or clerk in a proceeding to probate the will pursuant to § 64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection B of § 64.2-446 may file a complaint to impeach or establish the will within one year from the date of the order entered by the court in exercise of its original jurisdiction or after an appeal of an order entered by the clerk, or, if no appeal from an order entered by the clerk is taken, from the date of the order entered by the clerk.B\n\nA person interested in the probate of the will who had been proceeded against by an order of publication pursuant to subsection B of § 64.2-449 may file a complaint to impeach or establish the will within two years from the date of the order entered by the court in the exercise of its original jurisdiction, unless he actually appeared as a party or had been personally served with a summons to appear.C\n\nA person interested in the probate of the will who has not otherwise been before the court and who was a minor at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person reaches the age of maturity or is judicially declared emancipated.D\n\nA person interested in the probate of the will who has not otherwise been before the court and who was incapacitated at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person is restored to capacity.E\n\nUpon the filing of a complaint to impeach or establish the will pursuant to this section, the court shall order a trial by jury to ascertain whether what was offered for probate is the will of the testator. The court may require all testamentary papers of the testator be produced and direct the jury to ascertain whether any paper produced is the will of the testator. The court shall decide whether to admit the will to probate.F\n\nThe venue for filing a complaint to impeach or establish the will shall be as specified in subdivision 7 of § 8.01-261.G\n\nSubject to the provisions of § 8.01-428, a final order determining whether to admit a will to probate bars any subsequent complaint to impeach or establish a will.","order_by":null,"text":{"0":{"id":293048,"text":"A person interested in the probate of the will who has not otherwise been before the court or clerk in a proceeding to probate the will pursuant to § 64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection B of § 64.2-446 may file a complaint to impeach or establish the will within one year from the date of the order entered by the court in exercise of its original jurisdiction or after an appeal of an order entered by the clerk, or, if no appeal from an order entered by the clerk is taken, from the date of the order entered by the clerk.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293049,"text":"A person interested in the probate of the will who had been proceeded against by an order of publication pursuant to subsection B of § 64.2-449 may file a complaint to impeach or establish the will within two years from the date of the order entered by the court in the exercise of its original jurisdiction, unless he actually appeared as a party or had been personally served with a summons to appear.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293050,"text":"A person interested in the probate of the will who has not otherwise been before the court and who was a minor at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person reaches the age of maturity or is judicially declared emancipated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293051,"text":"A person interested in the probate of the will who has not otherwise been before the court and who was incapacitated at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person is restored to capacity.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":293052,"text":"Upon the filing of a complaint to impeach or establish the will pursuant to this section, the court shall order a trial by jury to ascertain whether what was offered for probate is the will of the testator. The court may require all testamentary papers of the testator be produced and direct the jury to ascertain whether any paper produced is the will of the testator. The court shall decide whether to admit the will to probate.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":293053,"text":"The venue for filing a complaint to impeach or establish the will shall be as specified in subdivision 7 of § 8.01-261.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":293054,"text":"Subject to the provisions of § 8.01-428, a final order determining whether to admit a will to probate bars any subsequent complaint to impeach or establish a will.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-448\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1972, chapter 825; in 1977, chapter 624; in 1996, chapter 58<\/a>; in 2012, chapter 614<\/a>.<\/p>","references":[{"id":75441,"section_number":"64.2-556","catch_line":"Order to creditors to show cause against distribution of estate to legatees or distributees; liability of legatees or distributees to refund","order_by":null,"url":"\/64.2-556\/"}],"refers_to":[{"id":81738,"section_number":"64.2-444","catch_line":"Clerks may probate wills","order_by":null,"url":"\/64.2-444\/"},{"id":63573,"section_number":"64.2-446","catch_line":"Motion for probate; process against persons interested in probate","order_by":null,"url":"\/64.2-446\/"},{"id":54444,"section_number":"64.2-449","catch_line":"Procedure in probate proceedings","order_by":null,"url":"\/64.2-449\/"},{"id":59330,"section_number":"8.01-428","catch_line":"Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations","order_by":null,"url":"\/8.01-428\/"}],"permalink":{"id":273329,"object_type":"law","relational_id":81785,"identifier":"64.2-448","token":"64.2\/II\/4\/5\/64.2-448","url":"\/64.2-448\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-448\/","token":"64.2\/II\/4\/5\/64.2-448","dublin_core":{"Title":"Complaint to impeach or establish a will; limitation of action; venue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-448","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person interested in the probate of the will<\/span> who has not otherwise been before the court<\/span> or clerk in a proceeding to probate the will<\/span> pursuant to § 64.2-444<\/a> or in an ex parte<\/span> proceeding to probate the will<\/span> pursuant to subsection B of § 64.2-446<\/a> may file a complaint to impeach or establish the will<\/span> within one year from the date of the order<\/span> entered by the court<\/span> in exercise of its original jurisdiction<\/span> or after an appeal<\/span> of an order<\/span> entered by the clerk, or, if no appeal<\/span> from an order<\/span> entered by the clerk is taken, from the date of the order<\/span> entered by the clerk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person interested in the probate of the will<\/span> who had been proceeded against by an order<\/span> of publication pursuant to subsection B of § 64.2-449<\/a> may file a complaint to impeach or establish the will<\/span> within two years from the date of the order<\/span> entered by the court<\/span> in the exercise of its original jurisdiction<\/span>, unless he actually appeared as a party<\/span> or had been personally served with a summons<\/span> to appear. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person interested in the probate of the will<\/span> who has not otherwise been before the court<\/span> and who was a minor<\/span> at the time of the order<\/span> pursuant to § 64.2-444<\/a> or 64.2-446<\/a> may file a complaint to impeach or establish the will<\/span> within one year after such person reaches the age of maturity or is judicially declared emancipated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person interested in the probate of the will<\/span> who has not otherwise been before the court<\/span> and who was incapacitated at the time of the order<\/span> pursuant to § 64.2-444<\/a> or 64.2-446<\/a> may file a complaint to impeach or establish the will<\/span> within one year after such person is restored to capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon the filing of a complaint to impeach or establish the will<\/span> pursuant to this section, the court<\/span> shall order<\/span> a trial<\/span> by jury<\/span> to ascertain whether what was offered for probate is the will<\/span> of the testator. The court<\/span> may require all testamentary papers of the testator be produced and direct the jury<\/span> to ascertain whether any paper produced is the will<\/span> of the testator. The court<\/span> shall decide whether to admit the will<\/span> to probate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The venue<\/span> for filing a complaint to impeach or establish the will<\/span> shall be as specified in subdivision 7 of § 8.01-261<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Subject to the provisions of § 8.01-428<\/a>, a final order<\/span> determining whether to admit a will<\/span> to probate bars any subsequent complaint to impeach or establish a will<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPLAINT TO IMPEACH OR ESTABLISH A WILL; LIMITATION OF ACTION; VENUE (\u00a7\n64.2-448)\n\nA. A person interested in the probate of the will who has not otherwise been\nbefore the court or clerk in a proceeding to probate the will pursuant to §\n64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection\nB of § 64.2-446 may file a complaint to impeach or establish the will\nwithin one year from the date of the order entered by the court in exercise of\nits original jurisdiction or after an appeal of an order entered by the clerk,\nor, if no appeal from an order entered by the clerk is taken, from the date of\nthe order entered by the clerk.\n\nB. A person interested in the probate of the will who had been proceeded against\nby an order of publication pursuant to subsection B of § 64.2-449 may file\na complaint to impeach or establish the will within two years from the date of\nthe order entered by the court in the exercise of its original jurisdiction,\nunless he actually appeared as a party or had been personally served with a\nsummons to appear.\n\nC. A person interested in the probate of the will who has not otherwise been\nbefore the court and who was a minor at the time of the order pursuant to §\n64.2-444 or 64.2-446 may file a complaint to impeach or establish the will\nwithin one year after such person reaches the age of maturity or is judicially\ndeclared emancipated.\n\nD. A person interested in the probate of the will who has not otherwise been\nbefore the court and who was incapacitated at the time of the order pursuant to\n§ 64.2-444 or 64.2-446 may file a complaint to impeach or establish the\nwill within one year after such person is restored to capacity.\n\nE. Upon the filing of a complaint to impeach or establish the will pursuant to\nthis section, the court shall order a trial by jury to ascertain whether what\nwas offered for probate is the will of the testator. The court may require all\ntestamentary papers of the testator be produced and direct the jury to ascertain\nwhether any paper produced is the will of the testator. The court shall decide\nwhether to admit the will to probate.\n\nF. The venue for filing a complaint to impeach or establish the will shall be as\nspecified in subdivision 7 of § 8.01-261.\n\nG. Subject to the provisions of § 8.01-428, a final order determining\nwhether to admit a will to probate bars any subsequent complaint to impeach or\nestablish a will.\n\nHISTORY: Code 1950, \u00a7\u00a7 64-80, 64-84 through 64-86; 1968, c. 656, \u00a7\u00a7 64.1-84,\n64.1-88 through 64.1-90; 1972, c. 825; 1977, c. 624; 1996, c. 58; 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}}