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Disclaimer: This article provides general information under Virginia law. It is not legal advice. Consult a licensed attorney for guidance specific to your situation.

When a person dies in Virginia, banks typically freeze the decedent’s accounts pending proper probate procedures. If co-heirs or co-personal representatives refuse to cooperate, you may need to secure authority from the court to access or freeze those assets. Below are the key documents and steps you will need.

1. Certified Death Certificate
   Obtain multiple certified copies of the decedent’s death certificate from the circuit court clerk’s office or the Virginia Department of Health. Banks require an official death certificate before taking any action on the account.
2. Petition for Probate
   File a Petition for Probate (for wills) or Petition for Administration (when there is no will) in the circuit court of the county or city where the decedent resided. This petition asks the court to appoint a personal representative. See Va. Code § 64.2-500 et seq.
3. Letters Testamentary or Letters of Administration
   After the court grants your petition, it will issue Letters Testamentary (if there is a will) or Letters of Administration (intestate). Banks accept these letters as proof of your legal authority to act on behalf of the estate. You must provide an original or certified copy to the bank.
4. Small Estate Affidavit (if applicable)
   If the total personal property in the estate (excluding real estate) does not exceed $50,000, you may use a Small Estate Affidavit under Va. Code § 64.2-627. The affidavit lets you collect assets without full probate. Banks will accept a notarized affidavit and a death certificate in lieu of Letters, but only if the estate qualifies.
   
   View statute: Va. Code § 64.2-627
5. Petition for Appointment of a Receiver
   If co-heirs or co-personal representatives block access, you can ask the circuit court to appoint a receiver to secure and manage the bank accounts. Under Va. Code § 8.01-637, the court may name a neutral third party to freeze accounts and preserve estate assets until disputes resolve.
   
   View statute: Va. Code § 8.01-637

Once you have the required court documents, present them along with a government-issued photo ID at the bank. The bank will then freeze or release funds according to the court’s instructions.

Helpful Hints

• Order at least five certified copies of the death certificate immediately after it is issued.
• Check the total value of personal property to see if you qualify for a Small Estate Affidavit.
• File the probate petition in the circuit court where the decedent lived at death.
• Be prepared to post a bond if the court requires security from the personal representative or receiver.
• Keep detailed records of all communications with co-heirs, the court, and financial institutions.
• Consult a probate attorney if co-heirs file objections or contests.