Petition for Probate of Will and for Letters Testamentary (Virginia)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

In Virginia, a will is ordinarily admitted to probate before the Clerk of the Circuit
Court (Va. Code § 64.2-444), not by petition to a judge. At the probate appointment the
proponent must furnish a List of Heirs (Form CC-1611) under Va. Code § 64.2-509 and
complete the Clerk's Probate Information Form; the Clerk then qualifies the Executor and
issues a Certificate of Qualification (Virginia's equivalent of "Letters Testamentary").
This template organizes the substantive content you must present. Transfer the content to the
Clerk's required forms (CC-1611 and local probate forms) before your appointment. Forms are
available from the Circuit Court Clerk and at https://www.vacourts.gov/forms/circuit/home.html.
Do not file this document in place of the Clerk's required forms.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CIRCUIT COURT OF [COUNTY/CITY], VIRGINIA — BEFORE THE CLERK

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner / Proponent Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law (List of Heirs)
7. Nomination and Qualification of Executor
8. Bond / Surety
9. Prayer for Relief
10. Verification
11. Notice and Certificate of Service
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Fiduciary / Will Book No.: [____________________________________]

Date of Probate Appointment (if set): [__/__/____] Time: [____]

2. PETITIONER / PROPONENT INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Virginia [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the Executor named in the Last Will and Testament of the Decedent and offers the Will for probate and seeks qualification under Va. Code §§ 64.2-444 and 64.2-446.

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. ☐ The Decedent had a known place of residence in [COUNTY/CITY], Virginia at the time of death; this Will is therefore properly offered for probate before the Clerk of this Circuit Court (Va. Code § 64.2-443(A)).

c. ☐ The Decedent had no known place of residence in Virginia; venue lies in this locality because ☐ real estate devised or owned by the Decedent lies here ☐ the Decedent died here ☐ the Decedent had estate here (Va. Code § 64.2-443(A)).

d. ☐ The Decedent was a patient in a nursing home, convalescent home, or similar institution due to advanced age or impaired health; the legal place of residence is rebuttably presumed to be the locality of residence before becoming a patient (Va. Code § 64.2-443(B)).

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

f. The Clerk of the Circuit Court has authority to admit the Will to probate, to appoint and qualify the Executor, and to take the required bond, in the same manner and with like effect as the Circuit Court (Va. Code § 64.2-444).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], accompanies this Petition and is offered for probate (Va. Code § 64.2-444).

b. Execution and witnesses. The Will was executed in compliance with Va. Code § 64.2-403: it is in writing, signed by the testator (or by another person in the testator's presence and by the testator's direction) in such manner as to make it manifest that the name is intended as a signature, and (unless wholly in the testator's handwriting) such signature was made or acknowledged in the presence of at least two competent witnesses present at the same time, who subscribed the will in the presence of the testator. The attesting witnesses are:

c. Self-proving / form of will:
☐ The Will is self-proved by the acknowledgment of the testator and the affidavits/acknowledgments of the attesting witnesses under Va. Code § 64.2-452 or § 64.2-453, and may be admitted to probate without the testimony of any attesting witness.
☐ The Will is not self-proved; proof will be made by the testimony or deposition of an attesting witness, or as otherwise permitted by law.
☐ The Will is wholly in the handwriting of the testator (holographic) and signed by the testator; the handwriting and signature must be proved by at least two disinterested witnesses (Va. Code § 64.2-403(B)).

d. To the best of Petitioner's knowledge and belief, the Will has not been revoked and is the last Will of the Decedent.

6. DEVISEES AND HEIRS AT LAW (LIST OF HEIRS)

Devisees and legatees named in the Will:

Heirs at Law (persons who would take by intestate succession under Va. Code § 64.2-200; for the List of Heirs, Form CC-1611):

☐ Decedent was survived by a spouse: [NAME] (for a decedent dying on or after January 1, 2017, note elective-share rights under Va. Code § 64.2-308.1 et seq. and separately determine family-allowance rights).

7. NOMINATION AND QUALIFICATION OF EXECUTOR

a. The Will nominates [EXECUTOR FULL LEGAL NAME], whose address is [________________________________], as Executor.

b. Petitioner is the person named as Executor and has priority to qualify. Petitioner is not disqualified and is willing and able to serve. The Executor is vested with authority only after having qualified before the Clerk of the Circuit Court (Va. Code § 64.2-444).

c. ☐ One or more co-Executors are also named: [________________________________]. Each ☐ joins in this Petition ☐ renounces (renunciation attached).

d. Upon qualification, the Clerk shall issue a Certificate of Qualification (Virginia's equivalent of Letters Testamentary) evidencing Petitioner's authority to act for the estate.

8. BOND / SURETY

a. Bond is required of every Executor, at least in an amount equal to the full value of the personal estate to be administered (and, if the Will authorizes sale of real estate or receipt of rents and profits, including such real estate or its rents and profits) (Va. Code § 64.2-504).

b. Surety:
☐ The Will waives surety / directs that the Executor serve without surety; Petitioner requests qualification without surety on the bond as directed by the Will.
☐ The Will does not waive surety. Petitioner will furnish bond with surety in the amount fixed by the Clerk.

c. Estimated value of the personal estate to be administered (basis for bond amount): $[________________]
Estimated value of real estate subject to sale/rents under the Will (if any): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Clerk of this Circuit Court (or the Court):

a. Admit the Last Will and Testament of the Decedent dated [__/__/____] (and any codicil) to probate and order it recorded in the will book (Va. Code §§ 64.2-444, 64.2-446);

b. Find that the Decedent died testate and that the Will was duly executed and proved;

c. Appoint and qualify Petitioner as Executor of the estate;

d. Fix bond, with or without surety as directed by the Will, in an appropriate amount (Va. Code § 64.2-504);

e. Issue a Certificate of Qualification (Letters Testamentary) to Petitioner upon qualification;

f. Record the List of Heirs furnished under Va. Code § 64.2-509; and

g. Grant such other and further relief as is just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I am the Petitioner / proponent of the Will; that I have read the foregoing Petition (and the accompanying List of Heirs, Form CC-1611, and Probate Information Form); and that the statements therein are true and accurate to the best of my knowledge and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Subscribed and sworn to before me on [__/__/____].

Notary Public / Deputy Clerk: ______________________________________ My commission expires: [__/__/____]

11. NOTICE AND CERTIFICATE OF SERVICE

Notice to beneficiaries and heirs (Va. Code § 64.2-1408): Within 30 days after qualification, the Executor shall give written notice of probate and qualification to the surviving spouse, all heirs at law, and all beneficiaries under the Will (and other persons designated by statute), and shall, within four months after qualification, file an affidavit with the Clerk stating that the notice was given (Va. Code § 64.2-1408).

☐ Notice of probate and qualification mailed/delivered to each beneficiary, heir at law, and the surviving spouse within 30 days after qualification (Va. Code § 64.2-1408).
☐ Affidavit of notice filed with the Clerk within four months after qualification.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Virginia State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil)
☐ List of Heirs, Form CC-1611 (Va. Code § 64.2-509)
☐ Probate Information Form (local Circuit Court Clerk form)
☐ Self-proving affidavit/acknowledgment (Va. Code §§ 64.2-452, 64.2-453), if any
☐ Certified copy of Death Certificate
☐ Bond, with or without surety as directed by the Will (Va. Code § 64.2-504)
☐ Notice of probate to heirs and beneficiaries; Affidavit of Notice (Va. Code § 64.2-1408)
☐ Proposed Certificate of Qualification (Letters Testamentary) — Clerk-issued
☐ Probate tax and recording fees (Va. Code § 58.1-1712 et seq.)

SOURCES AND REFERENCES

• Va. Code § 64.2-443 (jurisdiction; venue): https://law.lis.virginia.gov/vacode/64.2-443/
• Va. Code § 64.2-444 (clerks may probate wills): https://law.lis.virginia.gov/vacode/64.2-444/
• Va. Code § 64.2-446 (motion for probate): https://law.lis.virginia.gov/vacode/64.2-446/
• Va. Code § 64.2-452 / § 64.2-453 (self-proved will): https://law.lis.virginia.gov/vacode/64.2-452/
• Va. Code § 64.2-509 (List of Heirs; Form CC-1611): https://law.lis.virginia.gov/vacode/64.2-509/
• Va. Code § 64.2-504 (bond of executor): https://law.lis.virginia.gov/vacode/64.2-504/
• Va. Code § 64.2-1408 (notice to beneficiaries and heirs): https://law.lis.virginia.gov/vacode/64.2-1408/
• Virginia Judicial System — Circuit Court probate forms: https://www.vacourts.gov/forms/circuit/home.html