This writer is correct.  VA law of the 17th-, 18th- and 19th-centuries (and even to now) required that the "court" be informed of a death ASAP and within that term of court.  If that was not possible (inclement weather, sickness, etc.),  or if the court was not in session, then the death report was to be made ASAP in the next term.  Those terms are clearly set out in courts' minutes/orders where such are yet extant and often in the deed and tax records.  

The reason for the short time periods encountered between execution of wills and filing of the same is that death, quite unlike now when our physicians can "fix" many ailments, was quite predictable since we had very few cures for what were the most common afflictions.  Likely time between onset and death of such as pneumonia, pleurisy, many deadly infections, milk fever, "strep throat", Brights' Disease, malaria, appendicitis, any wound that penetrated the abdominal or chest cavity, and MANY other debilities had been known for centuries and to the Indians.  When symptoms of those ailments appeared, wills were hastily drawn by most folks with any assets of consequence, especially land.   Notice another result helpful to the researcher; the absence of a will in a citizen of any measure of affluence may well reveal that he/she died suddenly.  Are there exceptions?  Of course.   Paul       
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  Sent: Friday, January 30, 2004 11:17 AM
  Subject: Re: Another question on wills


  Always look for a gap between the date the will was signed and the date it
  was submitted for probate in cases such as this. Most colonial wills seem to
  have been drawn up within a month or two of death. But exceptions are out there.
  Another good habit to adopt is to check the court orders around the time the
  will is submitted for probate and follow it forward until all of the children
  are grown. It is in these records that you will learn of challenges to the will.

  Margaret R. Amundson, CGsm is a service mark of the Board for Certification
  of Genealogists, used under license by Board-certified associates after
  periodic proficiency evaluations.

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