What kind of documents is needed to prove will validity?

In order to prove will validity in Virginia, a number of documents must be submitted. These documents must be in writing and signed by the testator, or the person making the will, as well as two witnesses. The will must be executed in the presence of the witnesses and the testator must be of sound mind and memory at the time of signing. In addition to the will, other necessary documents may include an affidavit from the witnesses in support of the will, a death certificate, and a copy of the testator’s identification. If the will is more than 20 years old, a copy of the original probate may be necessary. When a will is contested, the person who contests the will must provide evidence to prove that the will was not being executed properly. This evidence may include proving that the testator was of unsound mind when the will was signed, that the testator did not understand the consequences of the document, or that the testator was under undue influence. Lastly, if the will assigns a personal representative to administer the estate, he or she may need to provide a fiduciary bond. This bond is essentially an insurance policy that makes sure the estate’s assets are handled properly. The bond is submitted to the probate court to validate the representative’s appointment. In sum, in Virginia, documents necessary to prove will validity include a written and signed will, witness affidavits, a death certificate, a copy of the testator’s identification, and a fiduciary bond. If the will is old, a copy of the original probate may be required.

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