Procedure in probate proceedings
Va. Code Ann. § 64.2-449
in effectA. In every probate proceeding, the court or clerk may require all testamentary papers of the testator be produced and may compel the production of the will of a testator that is in the custody of any person.
B. A summons may be served by an order of publication on any person interested in the probate of the will in accordance with § 8.01-316 .
C. The court may appoint a guardian ad litem for any person interested in the probate of the will in accordance with § 8.01-9 .
D. The record of the testimony given by witnesses in court on the motion to admit a will to probate and any out of court depositions of witnesses who cannot be produced at a jury trial may be admitted as evidence and given such weight as the jury deems proper.
Code 1950, §§ 64-77, 64-82, 64-87; 1968, c. 656, §§ 64.1-81, 64.1-86, 64.1-91; 2012, c. 614 ; 2015, c. 631 .
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://law.lis.virginia.gov/vacode/64.2-449/Fetched: 10/17/2026