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Virginia Probate Law by Christopher Taylor: Order for Appointment as testator

This is a sample for requesting the appointment as an executor of an estate.

ORDER OF PROBATE AND APPOINTMENT

IN THE OFFICE OF THE CLERK OF THE ________ CIRCUIT COURT OF THE _________ OF ________, THIS _________ DAY OF ______, 20__.

This day came _____________ and offered for probate:

  • [  ] A paper writing purporting to be the Last Will and Testament.
  • [  ] A paper writing purporting to be the holographic Last Will and Testament.
  • [  ] Paper writing(s) purporting to be codicil(s) to said Last Will and Testament.
  • [  ] Paper writing(s) purporting to be holographic codicil(s) to said Last Will and Testament of ________, who died on the day of ____ __ , 20__.

Whereupon said paper writing(s) was/were proved as follows:

  • [  ] By the testimony before me in person/by sworn depositions of [list names of witnesses].
  • [  ] By the testimony before me in person/by sworn depositions of two witnesses to the signature/handwriting(s) of the Testator, namely: [list names of witnesses].
  • [  ] Said paper writing(s) having been executed pursuant to the provisions of Va. Code Ann. § 64.2-452.
  • [  ] Other:

Whereupon said paper writing(s) is/are admitted to probate and ordered to be recorded as and for the true Last Will and Testament (and Codicils thereto) of ___________, deceased.

Whereupon, I do appoint _________ Executor as the

                [  ] Executor/Executrix        [  ] Administrator(s) C.T.A.

of the estate of the decedent, and he/she/they qualified as such by taking the oath prescribed by law and entering into and acknowledging a bond, conditioned according to law, in the penalty of $_________.

  • [  ] Without surety as directed by the Testator in the aforesaid will.
  • [  ] Without surety pursuant to the provisions of Section ________ of the Code of Virginia, as amended.
  • [  ] Together with ______________ Insurance Corporation as approved surety.
By: ________________________    Clerk of Circuit Court

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