                                 CODE OF VIRGINIA

COMPLAINT TO IMPEACH OR ESTABLISH A WILL; LIMITATION OF ACTION; VENUE (§
64.2-448)

A. 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 &#xA7;
64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection
B of &#xA7; 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. A person interested in the probate of the will who had been proceeded against
by an order of publication pursuant to subsection B of &#xA7; 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. 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 &#xA7;
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. 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
&#xA7; 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. 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.

F. The venue for filing a complaint to impeach or establish the will shall be as
specified in subdivision 7 of &#xA7; 8.01-261.

G. Subject to the provisions of &#xA7; 8.01-428, a final order determining
whether to admit a will to probate bars any subsequent complaint to impeach or
establish a will.

HISTORY: Code 1950, §§ 64-80, 64-84 through 64-86; 1968, c. 656, §§ 64.1-84,
64.1-88 through 64.1-90; 1972, c. 825; 1977, c. 624; 1996, c. 58; 2012, c. 614.