Disclaimer

This article explains Virginia law as a general guide only. It is not legal advice. For advice about your situation, contact a licensed Virginia attorney who handles probate or estate matters.

Detailed answer — how Virginia law treats use of a deceased person’s bank account

1) Determine the nature of the account

The first and most important question: what type of account is it?

• Sole account in the decedent’s name: Generally becomes part of the decedent’s estate when the owner dies. Banks often freeze such accounts once they learn of the death and will require probate paperwork (letters testamentary or letters of administration) to allow withdrawals.
• Joint account with right of survivorship: The surviving joint owner typically becomes owner immediately at death. Banks commonly allow the surviving co-owner to continue access.
• POD/TOD (payable-on-death / transfer-on-death) beneficiary: Funds pass directly to the named beneficiary outside probate, and the bank will pay the beneficiary after receiving a death certificate and ID.
• Trust or other arrangement: Funds governed by the trust document or other contract may avoid probate.

Understanding the account type is crucial because a sibling who is a surviving joint owner or a POD beneficiary may lawfully access the money. If the account is estate property (sole-account) and the sibling is not yet appointed as the personal representative, their withdrawals can be unlawful.

2) What the bank can and will do in Virginia

Banks follow their account agreements and federal/state rules. Many banks freeze sole-owner accounts after notice of death until the estate’s personal representative presents court-issued letters. If the sibling shows a death certificate and claims joint ownership or beneficiary status, the bank may release funds. If you suspect wrongful access, immediately contact the bank in writing and ask whether the account was frozen and on what basis.

3) Legal grounds to challenge unauthorized use

If the account is estate property and someone withdraws money without authorization, possible remedies in Virginia include:

• Probate court relief: Petition the circuit court that has probate jurisdiction to (a) open an estate and appoint a personal representative, (b) seek a temporary or emergency appointment if necessary, and (c) ask the court to require an accounting or to surcharge (make someone repay) funds taken improperly. See Virginia’s provisions on administration of estates: Va. Code Title 64.2.
• Civil claims: Claims such as conversion (wrongful taking or use of someone else’s property) or unjust enrichment can be filed in civil court to recover assets taken from the estate.
• Criminal complaint: If the conduct appears to be theft, you may report it to local law enforcement. Virginia’s criminal statutes are found here: Va. Code Title 18.2.

4) Timing and urgent steps you can take today

1. Request a death certificate from whoever handled the funeral; you will need a certified copy for the bank and court.
2. Contact the bank immediately (in writing if possible). Ask whether the account is frozen, whether your sibling has access, and what documentation the bank requires to release funds.
3. Gather evidence: account statements, any checks or transfers, emails/texts or written authorizations your sibling used, loan or mortgage statements showing the payments, and any communications with the bank.
4. File to open probate or ask the court for emergency temporary appointment of a personal representative if immediate control of assets is needed. The Virginia Courts self-help probate pages explain how to open an estate and small-estate options: Open an Estate (VA Courts) and Small Estate Procedures (VA Courts).
5. Consult a Virginia probate attorney quickly to evaluate emergency motions (temporary restraining order, appointment of a temporary administrator) and to preserve claims.

5) Typical outcomes

Outcomes depend on the account type and facts:

• If the sibling was a proper joint owner or POD beneficiary, courts and banks typically permit continued access.
• If the sibling withdrew estate funds without court authority, the court can order repayment, remove or prevent appointment, and may impose other remedies under the probate laws. You might recover the money through probate actions or a civil suit.
• If the sibling used funds for mortgage payments, a court will weigh whether those payments benefited the estate (preventing foreclosure can be a legitimate estate expense) versus whether the sibling personally benefited.

6) When to hire an attorney

Hire a probate attorney if:

• Large sums are at issue.
• Assets are being moved or dissipated quickly.
• You need immediate court orders (freeze, temporary administrator, or accounting).
• There are disputes among heirs about who should be appointed personal representative.

Helpful Hints — practical checklist if a sibling is using a deceased parent’s account

• Do not confront or threaten — remain factual and document everything.
• Get a certified copy of the death certificate quickly; banks and courts require it.
• Ask the bank in writing whether the account is sole, joint, POD/TOD, or held in trust. Request itemized statements for the last 12–24 months.
• Preserve all bank records, mortgage statements, cancelled checks, and written communications. Take screenshots of online transactions.
• If funds are being withdrawn improperly, file an emergency petition in the circuit court to open the estate and request temporary control or an accounting.
• Consider whether a small-estate process applies (Virginia has streamlined procedures for small estates); check the Virginia Courts small estate page listed above.
• Talk to a probate attorney before taking legal steps. If you cannot afford one, contact local legal aid or your county bar association for referrals.
• If you believe a crime occurred (theft, fraud), you may report it to law enforcement — but coordinate with your attorney to avoid interfering with probate remedies.