                                 CODE OF VIRGINIA

USE OF DEPOSITIONS (§ 64.2-447)

A. 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.

B. The deposition of such witnesses shall be taken and certified in accordance
with &#xA7; 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.

HISTORY: Code 1950, § 64-83; 1966, c. 314; 1968, c. 656, § 64.1-87; 1981, c.
183; 2012, c. 614.