Instructions For: Deposition Of Witness To Will Without Self-proving Clause

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Instructions For: Deposition Of Witness To Will Without Self-proving Clause is a commonly used form within Virginia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Instructions For: Deposition Of Witness To Will Without Self-proving Clause

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Instructions For: Deposition Of Witness To Will Without Self-proving Clause:

• This form pertains to the State of Virginia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Virginia’s Form CC-1601 - Instructions For: Deposition Of Witness To Will Without Self-proving Clause up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Virginia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Virginia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form CC-1601, take a break, and then review. Probate and estate settlement processes in VA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form CC-1601 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form CC-1601 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Instructions For: Deposition Of Witness To Will Without Self-proving Clause to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Virginia.

5 reasons you should submit CC-1601 as quickly as possible:

1. The sooner you begin, the faster Virginia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Virginia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Virginia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Virginia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Virginia probate clerk or court for exact answers regarding Form CC-1601, and when in doubt— consult a qualified trust & estates lawyer for that area.

Instructions For: Deposition Of Witness To Will Without Self-proving Clause is one of the many probate court forms available for download through Atticus.

It may also be available through some Virginia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Virginia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form CC-1601 - Instructions For: Deposition Of Witness To Will Without Self-proving Clause f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Virginia probate court office.

Instructions For: Deposition Of Witness To Will Without Self-proving Clause is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Virginia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Virginia Form CC-1601 - Instructions For: Deposition Of Witness To Will Without Self-proving Clause. You can use this to get an idea of the context of the form and what type of information is needed.

Form CC-1601 DEPOSITION OF WITNESS TO WILL Form CC-1601 WITHOUT SELF-PROVING CLAUSE OFFICE OF THE EXECUTIVE SECRETARY SUPREME COURT OF VIRGINIA Form CC-1601 Revised 10/12 Using This Revisable PDF Form 1. Copies – original to witness then to court. 2. Prepared by a. First page – Data Element Nos. 1, 2, 4 and 6 are completed by clerk or person taking deposition. b. First page – Data Element No. 7 is completed by the witness. c. Second page – Data Element Nos. 1 and 2 are completed by the witness. d. Second page – Remaining Data Elements are completed by the person taking the deposition and, if required, person authenticating signature of person taking the deposition. 3. Attachments – copy of will. 4. Preparation details a. Data Element No. 6 – Clerk or person taking deposition is to enter the page number of the attached will on which the witness’s signature is displayed. b. Data Element Nos. 10 and 11 – Under Rule 4:3 of the Rules of the Supreme Court of Virginia, if a person taking a deposition outside of Virginia does not have a seal, an official who has a seal must authenticate the signature of the person taking the deposition. If a commissioned officer in the U.S. military took the deposition, the commanding officer of the installation or ship must authenticate the officer’s signature. In this instance, no seal is required. FORM CC-1601 (MASTER, PAGE ONE OF TWO) 10/12 DEPOSITION OF WITNESS TO WILL WITHOUT SELF-PROVING CLAUSE COMMONWEALTH OF VIRGINIA VA. CODE §§ 8.01-420.4; 17.1-270; 64.2-401, 64.2-403, 64.2-447; Rule 4:2, Rule 4:3, Rule 4:5, Rule 4:6 .............................................................................................................................................................................................................. Testator (Decedent) .................................................................................................................................................................................................................................. Deponent After being duly sworn, the deponent says as follows: 1. State your name, age, and residence address. 2. Attached hereto is a copy of a writing dated ...................................................................................................................................................... purporting to be the Last Will and Testament of the decedent and purporting to be signed by the decedent and witnessed by you and .................................................................................................................................................................................................. NAME(S) OF OTHER WITNESSES a. Is this your signature on page .......................................................................................................................................................... ? Ans. 3. a. Did the decedent sign this paper in your presence and in the presence of other witness(es), with all of you together at the same time? Ans. b. (Ask 3b. only if the answer to 3a. is “No”) Did the decedent acknowledge the signature, which was not made in your presence, to be his or her signature, in the presence of you and the other witness(es), with all of you together at the same time? Ans. c. (Ask 3c. only if the answer to 3b. is No) Did someone else, and if so, what person, make the decedent's signature for him or her, at the decedent's direction, with you and the other witness(es) all together at the same time? Ans. d. (Ask 3d. only if the answer to 3c. in No) Did the decedent acknowledge that his or her signature had been made at his or her direction by some other person, and if so, what other person, with you, the decedent, and the other witness(es) all together at the same time when the decedent made that acknowledgment? Ans. e. (Ask 3e. only if the answer to 3d. is No) Did the decedent acknowledge this paper to be his or her act in the presence of you and the other witness(es), with all of you together at the same time? Ans. 4. Was the decedent of sound and disposing mind, memory and understanding and of 18 years of age or older at the time he or she signed the will or acknowledged the signature or act? Ans. 5. a. Did the decedent request that you and the other witness(es) sign this paper as witness(es)? Ans. b. (Ask 5b. only if the answer to 5a. is No) Did someone else, and, if so, what person, ask that you and the other witness(es) sign this paper in the presence of the decedent? Ans. 1 2 3 4 5 6 7 Form CC-1601 DEPOSITION OF WITNESS TO WILL Form CC-1601 WITHOUT SELF-PROVING CLAUSE OFFICE OF THE EXECUTIVE SECRETARY SUPREME COURT OF VIRGINIA Form CC-1601 Revised 10/12 Data Elements, page one To be completed by clerk or person taking the deposition: 1. Name of decedent. 2. Name of deponent (person testifying that the facts are true). 3. Name, age and address of the deponent. To be completed by clerk or person taking the deposition: 4. Date of attached writing (will). 5. Name(s) of other witnesses (other than deponent) who signed the writing. 6. Page on which deponent is asked to verify his/her signature. See Using This Form, 4(a). 7. Deponent answers “yes” or “no” to questions 3a through 5b. FORM CC-1601 (MASTER, PAGE TWO OF TWO) 05/08 6. Did you and the other witness(es) sign this paper in the presence of the decedent? Ans. 7. Do you know of any other will of the decedent? Ans. 8. Did the decedent execute this will freely and voluntarily as his or her last will and testament? Ans. _________________________________________________________ SIGNATURE OF DEPONENT ......................................................................................................... CITY; COUNTY; STATE; TERRITORY; PROVINCE; COUNTY State/Commonwealth of ........................................................... [ ] City [ ] County of ................................................................................... The foregoing instrument was acknowledged before me this .................. day of .................................................................. , 20 ................ by ................................................................................................................................................................................................................................................ NAME for the purpose of filing or reading as evidence in the matter of the probate of the will of the testator named above. I am: [ ] authorized to administer oaths (depositions taken in Virginia). [ ] authorized to take depositions in the jurisdiction where the deponent is (depositions in U.S., outside Virginia). [ ] otherwise authorized under Rule 4:3 of the Supreme Court of Virginia to take this deposition. Given under my hand and seal. ..................................................................... _________________________________________________________ DATE SIGNATURE _________________________________________________________ [ ] CLERK [ ] DEPUTY CLERK [ ] NOTARY PUBLIC My commission expires .................................................................. Registration No. ................................................................................ ..................................................................... .................................................................................................................. DATE COURT, IF DEPOSITIONS TAKEN THEREIN Seal (where required) I certify that the signature of the person who took the Above deposition is genuine. My seal is affixed. _________________________________________________________ AUTHENTICATING SIGNATURE WHERE REQUIRED .................................................................................................................. TITLE $ ................................................. ....................................................................................... ....................................................................................... FEE PERSON TO WHOM FEE CHARGED PERSON PAYING FEE, IF PAID See Rule 4:3, Supreme Court of Virginia: Depositions taken in Virginia do not require a seal. If a person taking a deposition outside Virginia does not have a seal, an official who has a seal must authenticate that person’s signature. U.S. military: A commissioned officer may take a deposition; his or her signature must be authenticated by the commanding officer of the installation or ship: no seal is required. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Form CC-1601 DEPOSITION OF WITNESS TO WILL Form CC-1601 WITHOUT SELF-PROVING CLAUSE OFFICE OF THE EXECUTIVE SECRETARY SUPREME COURT OF VIRGINIA Form CC-1601 Revised 10/12 Data Elements, page two 1. Deponent says “yes” or “no” to questions 6 and 7. 2. Signature of deponent. To be completed by the person taking the deposition and/or person authenticating the signature of the person taking the deposition: 3. Location where deposition of deponent is taken. 4. Person authorized to take depositions is to check applicable box. 5. Date deposition is taken. 6. Signature of person who took deposition if other than clerk, deputy clerk or notary. 7. Signature of clerk, deputy clerk or notary who took deposition. Check appropriate title box. 8. Date notary public’s commission expires. 9. Notary public’s registration number. 10. Court name if deposition taken at court. 11. Signature of person authenticating signature of person who took deposition. See Using This Form, 4(b). 12. Title of person authenticating signature of person who took deposition. 13. Fee charged by person certifying deposition, if applicable. 14. Name of person who charged the fee, if applicable. 15. Name of person who paid the fee, if applicable.