Code of Virginia
Chapter 4 - Wills
§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue

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

Code of Virginia

Title 64.2 - Wills, Trusts, and Fiduciaries

Chapter 4 - Wills

§ 64.2-400. Separate writing identifying recipients of tangible personal property; liability for distribution; action to recover property

§ 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

§ 64.2-406. Repealed

§ 64.2-407. Will of personal estate of nonresidents

§ 64.2-408. Presumption of formal execution of wills made by persons in military service; will of personal estate of persons in military service and seamen

§ 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

§ 64.2-412. Revocation by divorce or annulment; revival upon remarriage; no revocation by other change

§ 64.2-413. Effect of subsequent conveyance on will

§ 64.2-414. When wills deemed to speak

§ 64.2-415. How certain trust provisions, bequests, and devises to be construed; nonademption in certain cases

§ 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

§ 64.2-423. Repealed

§ 64.2-424. When direction to purchase annuity binding on legatee

§ 64.2-425. Interest on pecuniary legacies

§ 64.2-426. Testamentary additions to trusts by testator dying on or after July 1, 1994, and before July 1, 1999

§ 64.2-427. Testamentary additions to trusts by testator dying after June 30, 1999

§ 64.2-428. Distribution of assets by fiduciaries in satisfaction of pecuniary bequests or transfers in trust of pecuniary amount

§ 64.2-429. Construction of trust provisions otherwise eligible for the election permitted under § 2056(b)(7) of the Internal Revenue Code

§ 64.2-430. Certain marital deduction formula clauses to be construed to refer to federal marital deduction allowable if decedent had died on December 31, 1981

§ 64.2-431. Certain powers of appointment construed to refer to federal gift tax exclusion in effect on date of execution

§ 64.2-432. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009, and before January 1, 2011

§ 64.2-433. Definitions

§ 64.2-434. Validity

§ 64.2-435. Requirements

§ 64.2-436. Other points of form

§ 64.2-437. Certificate

§ 64.2-438. Effect of certificate

§ 64.2-439. Revocation

§ 64.2-440. Source and construction

§ 64.2-441. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency

§ 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. Appointment of administrator for prosecution of action for personal injury or wrongful death against or on behalf of estate of deceased resident or nonresident

§ 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