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Code Qualify Executor

§ 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, within their respective territorial jurisdictions as defined by law, or any duly qualified deputy of any such clerks, may appoint appraisers of estates of decedents, admit wills to probate, appoint and qualify executors, administrators and curators of decedents, and require and take from them the necessary bonds in the same manner and with like effect as the court could do if in session. Such powers and duties may be exercised and discharged as well during the sessions of the court as at other times.

Such clerk shall keep an order book, in which shall be entered all orders made by him, or his deputy, respecting the subjects aforesaid, except probate orders which are recorded in the will book need not be entered in the clerk's order book.

All wills heretofore admitted to probate by any duly qualified deputy clerk of any court of competent jurisdiction shall be deemed to have been properly admitted to probate to the same extent as if the clerk had acted in the proceeding.

(Code 1950, § 64-73; 1968, c. 656; 1973, c. 217.)