Detailed Answer

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Virginia attorney.

What “right of survivorship” means

When property is owned with a right of survivorship (for example, joint tenancy with right of survivorship or tenancy by the entirety), ownership automatically transfers to the surviving owner(s) at the moment one owner dies. Common examples are joint bank accounts titled “A and B, joint tenants with right of survivorship,” or a house held as tenants by the entirety by a married couple.

Probate vs. non‑probate property in Virginia

Virginia law generally distinguishes between property that passes through probate (probate assets) and property that passes outside probate (non‑probate assets). Assets that pass automatically by right of survivorship typically are non‑probate because title passes by operation of law to the surviving co‑owner rather than through the deceased person’s estate administration. For Virginia statutory authority on wills, trusts, and fiduciaries, see Title 64.2 of the Code of Virginia: https://law.lis.virginia.gov/vacode/title64.2/. For property and conveyances, see Title 55.1: https://law.lis.virginia.gov/vacode/title55.1/.

Do you need to list right‑of‑survivorship assets on the inventory?

Short answer: Usually no — you do not include assets that passed outside probate by right of survivorship on the estate inventory that lists assets of the probate estate, provided those assets never came into the personal representative’s control.

Why: An inventory is intended to show the assets that belong to the decedent’s estate and that are subject to administration by the personal representative. If title passes immediately to the surviving co‑owner by operation of law, the asset typically never becomes estate property and therefore is not part of the probate inventory.

Important exceptions and practical points

• If the asset came into the hands of the personal representative (for example, a bank froze a joint account and the bank turned it over to the estate, or the personal representative temporarily took possession), then it likely must be reported on the inventory because the estate controlled or possessed the asset.
• If a creditor claim or tax issue requires tracing or disclosure, the court or creditors may want to see documentation of non‑probate transfers. Even if you do not list survivorship property in the inventory, keep clear records (death certificate, account title, affidavits of survivorship, transfer forms) showing why the asset was not a probate asset.
• If ownership is unclear (e.g., ambiguous account titling, conflicting beneficiary claims, or if the joint owner claims survivorship but documentation is weak), you may need to disclose the asset on a filing or petition the court for guidance. In contested situations, include the asset and explain the claimed survivorship so the court can resolve the issue.
• Some institutions require a certified copy of the death certificate and an affidavit of survivorship or a court order to remove the deceased’s name from title. The mechanism, not the inventory rule, often dictates what the bank or registry needs.
• Payable‑on‑death (POD), transfer‑on‑death (TOD), insurance proceeds, retirement accounts with designated beneficiaries and assets held in a living trust also typically pass outside probate and usually are not part of the probate inventory. Confirm with the institutions and retain proof of the beneficiary designations.

Practical steps to take

1. Gather title documents for each asset (deeds, bank account titles, brokerage statements, retirement plan beneficiary forms, insurance policies).
2. Confirm how each asset is titled. Look for language like “with right of survivorship,” “joint tenants with right of survivorship,” or “tenants by the entirety.”
3. Get certified copies of the death certificate to present to banks and registries to effect the survivorship transfer.
4. If an account is frozen or a financial institution disputes survivorship, ask what documentation they require and whether the asset must be turned over to the estate or can be re‑titled directly to the survivor.
5. Keep clear records of assets you did not include in the inventory because they passed by survivorship; if asked later by the court or creditors, you can show why the items were non‑probate.
6. If anything is contested, unclear, or if significant assets might be at stake, consult a Virginia probate attorney for guidance and possible court petitions to clarify title.

Where to look in Virginia law and resources

Start with the Code of Virginia sections covering wills, fiduciaries, and property for general rules about probate and non‑probate transfers: Title 64.2 (Wills, Trusts, and Fiduciaries) and Title 55.1 (Property and Conveyances). Practical local procedures (forms, filing rules) vary by circuit court; check the clerk’s office of the circuit court handling the estate for local inventory forms and filing requirements. State code: Title 64.2, Code of Virginia and Title 55.1, Code of Virginia.

Final takeaway

Do not include in the probate inventory assets that never became estate property because they passed automatically by right of survivorship — unless those assets were taken into the estate’s control or there is uncertainty or dispute about ownership. Keep documentation proving the survivorship transfer and consult the probate court clerk or a Virginia attorney when in doubt.

Helpful Hints

• Always get certified death certificates early — institutions will request them to process survivorship transfers.
• Make a clear list of each asset, its title, and whether it is probate or non‑probate. Keep copies of account statements showing joint titling language.
• Do not assume a bank will automatically honor survivorship — ask what paperwork they want and whether they will pay funds to the survivor without a court order.
• If a joint owner is a spouse and the property is titled as tenants by the entirety, that ownership form offers special protection and passes to the spouse at death outside probate.
• If creditors contact you, consult counsel — non‑probate transfers can still be relevant to creditor claims in certain circumstances.
• When in doubt, file a short explanatory inventory entry or a petition explaining why an asset was excluded; courts prefer clarity and documentation over omission without explanation.

If you want, provide basic facts about the particular assets (type of account, exact title language, whether the institution froze funds) and I can explain likely steps you’ll need to take in Virginia.