Virginia Code

Va. Code Ann. § 64.2-445 (2026)

Appeal from order of clerk

✓ current as of May 2026

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Any person interested in the probate of the will may appeal any order entered pursuant to § 64.2-444 within six months after the entering of such an order, without giving any bond, to the circuit court whose clerk, or deputy, has made the order. Upon application for such appeal, the clerk or deputy shall enter forthwith in his order or will book an order allowing such appeal. The appeal shall be given precedence on the court's docket. The matter shall be heard de novo by the court and a copy of its final order shall be entered into the clerk's order or will book. At any time after such appeal is allowed, the court may enter an order for the protection of the persons interested in the probate of the will or for the protection or preservation of any property involved as it finds necessary.

Code 1950, § 64-74; 1968, c. 656, § 64.1-78; 2012, c. 614.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2018–2024 · leading case: Zachary Grady, etc. v. Joan L. Blackwell, etc. (Va. Ct. App. 2024).

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Zachary Grady, etc. v. Joan L. Blackwell, etc. (Va. Ct. App. 2024). · cites it 33× “Under Code § 64.2-445, a party who contests an administrator’s appointment must appeal the clerk’s appointment order to the circuit court within six months.”

Canody v. Hamblin, 816 S.E.2d 286 (Va. 2018). · cites it 2× “See Code § 64.2-445. The will consists of three computer-generated pages of the same font and font size.”

Canody v. Hamblin (Va. 2018). · cites it 2× “See Code § 64.2-445. The will consists of three computer-generated pages of the same font and font size.”

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