64.1-92 - Probate of copy of will proved without the Commonwealth; to what extent admitted to probate. - Virginia Statutes

§ 64.1-92. Probate of copy of will proved without the Commonwealth; to whatextent admitted to probate.

When a will relative to an estate within this Commonwealth has been provedwithout the same, an authenticated copy thereof and the certificate ofprobate thereof may be offered for probate in this Commonwealth. When suchcopy is so offered, the court or the clerk thereof to which it is offeredshall presume, in the absence of evidence to the contrary, that the will wasduly executed and admitted to probate as a will of personalty in the state orcountry of the testator's domicile and shall admit such copy to probate as awill of personalty in this Commonwealth. And if it appear from such copy thatthe will was admitted to probate in the foreign court of probate and was soexecuted as to be a valid will of lands in this Commonwealth by the law ofthis Commonwealth, such copy may be admitted to probate as a will of realestate. An authenticated copy of any will which has been self-proved underthe laws of another state shall, when offered with its authenticatedcertificate of probate, be admitted to probate as a will of personalty andreal estate. The probate of any such copy of a will before any such clerkshall have the same legal operation and effect as if such copy had beenadmitted to probate by the court.

(Code 1950, § 64-88; 1968, c. 656; 1977, c. 249; 1980, c. 264.)