LibGuides: Virginia Probate Law by Christopher Taylor: Sample appeal from an order of the clerk of the court.

This is what a lawyer would fill out on behalf of a proponent of a will after it was denied.

TO THE CLERK OF THE CIRCUIT COURT OF THE _______________ OF ___________, VIRGINIA:

IN RE: Estate of ______________, Deceased

_______________ and ___________, parties interested in the paper writing dated the __ day of _______, 20__, which was probated in the Office of the Clerk of the Circuit Court of the _____________, Virginia, on the __ day of ______, 20__, as and for the Last Will and Testament of __________, and who are claiming to be the heirs-at-law and distributees of the said ___________ and interested as such in her estate, hereby appeal from the Order of Probate entered as aforesaid. This appeal is being taken as a matter of right and within six (6) months from the Order admitting the paper writing to probate.

____________ and ____________ pray that such appeal be granted in accordance with the statute for such cases made and provided

____________

By: __________________

Of Counsel

__________________

Of Counsel

[Name, address, telephone number,

fax number and Virginia State Bar

number of appellant’s counsel]