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Will Contest Deadline in Virginia

In Virginia, a person who was not a party to the probate proceeding may file a complaint to impeach a will within 1 year from the date of the probate order (2 years if served only by publication).

Last checked . General information, not legal advice.

Virginia at a glance

Deadline to contest
1 year
2 years for people proceeded against only by order of publication. Parties to a clerk's probate order may appeal it within 6 months.
Clock starts
Entry of the order admitting the will to probate
Runs from the court's order, or from the clerk's order if no appeal was taken.

Sources

Last checked

The rules in Virginia

How long do you have to contest a will in Virginia?

Deadline to contest in Virginia: 1 year. 2 years for people proceeded against only by order of publication. Parties to a clerk's probate order may appeal it within 6 months.

When does the deadline to contest a will start in Virginia?

Clock starts in Virginia: Entry of the order admitting the will to probate. Runs from the court's order, or from the clerk's order if no appeal was taken.

Where do the Virginia will contest deadlines come from?

The rules above come from Va. Code 64.2-448 and Va. Code 64.2-445. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.