§ 64.1-94. Wills to be recorded; recording copies; effect; indexing; transfer to The Library of Virgini...
Every will or authenticated copy admitted to probate by any court or clerk of any circuit court shall be recorded by the clerk and remain in the clerk's office, except during such time as the same may be carried to another court under a subpoena duces tecum and except as otherwise provided in § 17.1-213. A duly certified copy of such will or of any authenticated copy so admitted to record may be recorded in any county or city wherein there is any estate, real or personal, devised or bequeathed by such will.
The personal representative of the testator shall cause a duly certified copy of any will or of any authenticated copy so admitted to record to be recorded in any county or city wherein there is any real estate of which the testator died seized or which is devised by his will. On and after July 1, 1964, such will shall be indexed in the General Indices of Deeds in such clerk's office in the name of the testator as grantor, except in such clerk's office wherein General Indices to Wills are kept.
Every will, or such a duly certified copy as is mentioned in this section, when duly recorded shall have the effect of notice to all persons of any devise or disposal by the will of real estate situated in a county or city in which such will or copy is so recorded.
Every clerk on recording any will, or such a copy as is mentioned in this section, shall index the same as required by law.
With the approval of the judges of a circuit court of any county or city, the clerk of such court may transfer such original wills from his office to the Archives Division of The Library of Virginia. A copy of any will that has been microfilmed or stored in an electronic medium, prepared from such microfilmed or electronic record and certified as authentic by the clerk or his designee, shall constitute a "duly certified copy" of the will for any purpose arising under this title for which a duly certified copy of the will is required.
(Code 1950, § 64-90; 1964, c. 169; 1966, c. 254; 1968, c. 656; 1978, c. 366; 1994, c. 64; 2001, c. 836; 2002, c. 832.)
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