Virginia law provides that individuals may contest a will as long as they have legal standing to do so, have valid reasons for their contest of the will, and file the necessary petitions and other paperwork within the statutory deadlines.
According to the Code of Virginia, Section 64.1-78, you may appeal an order admitting the will into probate within six months of the date the order is entered by the clerk of court. The order admitting the will officially enters the document into the record and begins the necessary proceedings to probate the will, or authorize its provisions through the court system.
When the appeal is filed, the clerk schedules a hearing for a date that is open on the court docket or calendar. Hearings on contested wills may be expedited by the clerk on request of the parties, or on the clerk’s own motion in order to avoid further delay in the probate procedure.
Petition to Impeach a Will
Under Virginia Code 64.1-88, if the court issues an order or a decree establishing a will, you have one year to petition the court to "impeach" or strike down the will, or establish an alternative will which you believe should replace the will admitted by the court. This petition is resolved by a jury trial.
If you are not served with a notice of the first order admitting the will into probate, if you are incapacitated or if you are a minor, the clerk may extend the legal deadlines. Virginia law provides that all beneficiaries and interested parties to the probate must be served personally with the order.