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 § 64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection B of § 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 § 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 § 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 § 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 § 8.01-261.
G. Subject to the provisions of § 8.01-428, a final order determining whether to admit a will to probate bars any subsequent complaint to impeach or establish a will.
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.
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