CODE OF VIRGINIA

PROCEDURE IN PROBATE PROCEEDINGS (§ 64.2-449)

A. 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.

HISTORY: 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.