§ 64.1-92. Probate of copy of will proved without the Commonwealth; to what extent admitted to probat...
When a will relative to an estate within this Commonwealth has been proved without the same, an authenticated copy thereof and the certificate of probate thereof may be offered for probate in this Commonwealth. When such copy is so offered, the court or the clerk thereof to which it is offered shall presume, in the absence of evidence to the contrary, that the will was duly executed and admitted to probate as a will of personalty in the state or country of the testator's domicile and shall admit such copy to probate as a will of personalty in this Commonwealth. And if it appear from such copy that the will was admitted to probate in the foreign court of probate and was so executed as to be a valid will of lands in this Commonwealth by the law of this Commonwealth, such copy may be admitted to probate as a will of real estate. An authenticated copy of any will which has been self-proved under the laws of another state shall, when offered with its authenticated certificate of probate, be admitted to probate as a will of personalty and real estate. The probate of any such copy of a will before any such clerk shall have the same legal operation and effect as if such copy had been admitted to probate by the court.
(Code 1950, § 64-88; 1968, c. 656; 1977, c. 249; 1980, c. 264.)
Sections: Previous 64.1-87 64.1-87.1 64.1-87.2 64.1-88 64.1-89 64.1-90 64.1-91 64.1-92 64.1-93 64.1-94 64.1-95 64.1-96 64.1-96.1 64.1-96.2 64.1-96.3 NextLast modified: April 3, 2009