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Lost Wills: What To Do When The Original Can’t Be Found

Virginia law requires that an original will be probated (as opposed to a copy). Occasionally, this poses a problem as no one can locate the original will. In those instances, Virginia law provides that a proponent of a non-original will may petition the circuit court to order that a copy of the will be admitted to probate. As part of that petition, the petitioner will need to name as “necessary parties” to the petition any people who stand to receive a bequest under the will, as well as any people who would stand to inherit a portion of the decedent’s …

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