Any person interested in the probate of the will may appeal any order entered pursuant to § 64.2-444 within six months after the entering of such an order, without giving any bond, to the circuit court whose clerk, or deputy, has made the order. Upon application for such appeal, the clerk or deputy shall enter forthwith in his order or will book an order allowing such appeal. The appeal shall be given precedence on the court's docket. The matter shall be heard de novo by the court and a copy of its final order shall be entered into the clerk's order or will book. At any time after such appeal is allowed, the court may enter an order for the protection of the persons interested in the probate of the will or for the protection or preservation of any property involved as it finds necessary.
Code 1950, § 64-74; 1968, c. 656, § 64.1-78; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
§ 64.2-401. Who may make a will; what estate may be disposed of
§ 64.2-402. Advertisements to draw wills prohibited; penalty
§ 64.2-403. Execution of wills; requirements
§ 64.2-404. Writings intended as wills
§ 64.2-404.1. Reformation of will to correct mistakes or achieve decedent's tax objectives
§ 64.2-405. Interested persons as competent witnesses
§ 64.2-407. Will of personal estate of nonresidents
§ 64.2-409. Wills of living persons lodged for safekeeping with clerks of certain courts
§ 64.2-410. Revocation of wills generally
§ 64.2-411. Revival of wills after revocation
§ 64.2-413. Effect of subsequent conveyance on will
§ 64.2-414. When wills deemed to speak
§ 64.2-416. Devises, bequests, and distributions that fail; how to pass
§ 64.2-417. When advancement deemed satisfaction of devise or bequest
§ 64.2-418. When children or descendants of beneficiary to take estate or trust
§ 64.2-419. Provision for omitted children when no child living when will made
§ 64.2-420. Provision for omitted children when child living when will made
§ 64.2-421. Construction of certain conditions of spouse's survivorship
§ 64.2-422. When omitted spouse to take intestate portion
§ 64.2-424. When direction to purchase annuity binding on legatee
§ 64.2-425. Interest on pecuniary legacies
§ 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999
§ 64.2-436. Other points of form
§ 64.2-438. Effect of certificate
§ 64.2-440. Source and construction
§ 64.2-442. International will information registration
§ 64.2-443. Jurisdiction of probate of wills
§ 64.2-444. Clerks may probate wills
§ 64.2-445. Appeal from order of clerk
§ 64.2-446. Motion for probate; process against persons interested in probate
§ 64.2-447. Use of depositions
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue
§ 64.2-449. Procedure in probate proceedings
§ 64.2-450. Probate of copy of will proved outside the Commonwealth; authenticated copy
§ 64.2-451. Appointment of curator; when made; his duties
§ 64.2-452. How will may be made self-proved; affidavits of witnesses
§ 64.2-453. How will may be made self-proved; acknowledgment of witnesses
§ 64.2-454.1. Will contest; presumption of undue influence
§ 64.2-455. Wills to be recorded; recording copies; effect; transfer to the Library of Virginia
§ 64.2-456. Bona fide purchaser of real estate without notice of devise protected
§ 64.2-457. Bona fide purchaser of real estate without notice of devise protected; later will
§ 64.2-458. Bona fide purchaser of real estate without notice of devise protected; intestacy