64.1-77 - Clerks may probate wills; appoint appraisers or administrators, qualify executors, etc.
§ 64.1-77. Clerks may probate wills; appoint appraisers or administrators,qualify executors, etc.
The clerk of any court, having jurisdiction of the probate of wills, withintheir respective territorial jurisdictions as defined by law, or any dulyqualified deputy of any such clerks, may appoint appraisers of estates ofdecedents, admit wills to probate, appoint and qualify executors,administrators and curators of decedents, and require and take from them thenecessary bonds in the same manner and with like effect as the court could doif in session. Such powers and duties may be exercised and discharged as wellduring the sessions of the court as at other times.
Such clerk shall keep an order book, in which shall be entered all ordersmade by him, or his deputy, respecting the subjects aforesaid, except probateorders which are recorded in the will book need not be entered in the clerk'sorder book.
All wills heretofore admitted to probate by any duly qualified deputy clerkof any court of competent jurisdiction shall be deemed to have been properlyadmitted to probate to the same extent as if the clerk had acted in theproceeding.
(Code 1950, § 64-73; 1968, c. 656; 1973, c. 217.)