Virginia Code

Va. Code Ann. § 64.2-443 (2026)

Jurisdiction of probate of wills

✓ current as of May 2026

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A. The circuit courts shall have jurisdiction of the probate of wills. A will shall be offered for probate in the circuit court in the county or city wherein the decedent has a known place of residence; if he has no such known place of residence, then in a county or city wherein any real estate lies that is devised or owned by the decedent; and if there is no such real estate, then in the county or city wherein he dies or a county or city wherein he has estate.

B. Where any person has become, either voluntarily or involuntarily, a patient in a nursing home, convalescent home, or similar institution due to advanced age or impaired health, the place of legal residence of the person shall be rebuttably presumed to be the same as it was before he became a patient.

Code 1950, §§ 64-72, 64-72.1; 1966, c. 330; 1968, c. 656, §§ 64.1-75, 64.1-76; 2012, c. 614.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2017–2022 · leading case: Gray v. Binder, 805 S.E.2d 768 (Va. 2017).

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Gray v. Binder, 805 S.E.2d 768 (Va. 2017). · cites it 4× “See Code § 64.2-443 (“The circuit courts shall have jurisdiction of the probate of wills.”

Chahmoune v. Clark (E.D. Va. 2022). · cites it 3× “2-2001(A) (requiring that guardianship petitions be filed in circuit courts); Va. Code § 64.2-443(A) (“The circuit courts shall have jurisdiction of the probate of wills.”

Taylor v. AIDS-Hilfe Koln e.V. (Va. 2022). · cites it 2× “” Aids-Hilfe alleged that Towsey has estate in Richmond, namely, a brokerage account.”

Angela Mason in Her Capacity as of the Est. of Norma Catherine Mason-Stikes v. Howard L. Stikes, Both in His Capacity as Adm'r of the Est. of William T. Stikes, Jr. (Ky. Ct. App. 2022). “If so, the pleading is 5 The circuit court referenced a Virginia statute ( Va. Code Ann. § 64.2-443 (West 2012)) that states, “A will shall be offered for probate in the circuit court in the county or city wherein the decedent has a known place of residence” and concluded that…”

— Va. Code Ann. § 64.2-443(A) — 2 cases

Chahmoune v. Clark (E.D. Va. 2022). “2-2001(A) (requiring that guardianship petitions be filed in circuit courts); Va. Code § 64.2-443(A) (“The circuit courts shall have jurisdiction of the probate of wills.”

Taylor v. AIDS-Hilfe Koln e.V. (Va. 2022). “” Aids-Hilfe alleged that Towsey has estate in Richmond, namely, a brokerage account.”

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