FAQs • Loudoun County, VA • CivicEngage

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What happens if a will is not self-proving?: Before probate can be conducted, you must locate the attesting witness/witnesses to the will and then have the attesting witness/witnesses either complete a deposition to be submitted to the probate clerk or have the attesting witness/witnesses appear in person before the probate clerk to prove the will. After the will has been proven by the witness / witnesses, the probate clerk makes the final ruling to admit the will to probate.

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Probate Department - Testate Procedures

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1. What is a self-proving will?: The Code of Virginia has specific language which governs what a self-proving will is. (See Virginia Code §64.1-87.1 and Virginia Code §64.1-87.2 , as amended). The probate clerk makes the final ruling that the will is self-proving.

2. What happens if a will is not self-proving?: Before probate can be conducted, you must locate the attesting witness/witnesses to the will and then have the attesting witness/witnesses either complete a deposition to be submitted to the probate clerk or have the attesting witness/witnesses appear in person before the probate clerk to prove the will. After the will has been proven by the witness / witnesses, the probate clerk makes the final ruling to admit the will to probate.