                                 CODE OF VIRGINIA

MOTION FOR PROBATE; PROCESS AGAINST PERSONS INTERESTED IN PROBATE (§ 64.2-446)

A. A person offering, or intending to offer, to a circuit court or to the clerk
of the circuit court a will for probate, may request that the clerk of such
court summon any person interested in the probate of the will to appear to show
cause why the will should not be admitted to probate. Upon such request, the
clerk shall, or in the absence of such request the court may, summon all persons
interested in the probate of the will to appear to show cause why the will
should not be admitted to probate.

B. The court shall hear the motion to admit the will to probate when all persons
interested in the probate of the will have been summoned or otherwise appear as
parties. Upon the request of any person interested in the probate of the will,
the court shall order a trial by jury to ascertain whether any paper produced is
the will of the decedent. The court shall enter a final order as to the probate.

C. In the absence of a request that the clerk summon any person interested in
the probate of the will to appear to show cause why the will should not be
admitted to probate, the court in which the will is offered for probate may
proceed to admit or reject the will without summoning any party.

HISTORY: Code 1950, §§ 64-75, 64-76, 64-78, 64-79, 64-81; 1968, c. 656, §§
64.1-79, 64.1-80, 64.1-82, 64.1-83, 64.1-85; 2012, c. 614.