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In Virginia, whether money or property passes automatically to someone else when an owner dies depends on how title or the account was set up. Some forms of joint ownership pass outside of probate to the surviving owner(s). Other ownership forms do not, and the decedent’s share becomes part of the estate and is distributed under Virginia’s intestacy rules.

How joint bank accounts are treated

Banks use the account agreement and account labels to decide who owns the funds at death. Common possibilities:

• Joint account with right of survivorship: If the account is legally set up as a joint account with survivorship, the surviving joint owner typically becomes the sole owner immediately when one owner dies. The bank will usually require a certified death certificate and ID from the survivor. These funds typically avoid probate.
• Payable-on-death (POD) / Transfer-on-death (TOD) beneficiary: If the account names a POD or TOD beneficiary, the designated person receives the funds outside probate after showing the death certificate and identification. The bank follows its payee designation.
• Joint account without clear survivorship language: If the account agreement does not show a specific right of survivorship, a bank may treat the balance as belonging to all named parties proportionally. In that case, the deceased owner’s share may need to pass through probate.
• No joint owner or beneficiary: If nobody else is on the account and no beneficiary is named, the account becomes part of the decedent’s probate estate and is distributed under Virginia’s intestacy laws.

How jointly owned real property is treated

Real property depends on the type of ownership listed on the deed:

• Tenancy by the entirety (married couples): Virginia recognizes tenancy by the entirety for married spouses. This ownership includes an implied right of survivorship: when one spouse dies, full ownership typically passes to the surviving spouse automatically and the property generally avoids probate. See Virginia property law in Va. Code Title 55 (Property and Conveyances).
• Joint tenancy with right of survivorship: If the deed creates a joint tenancy with survivorship, the surviving joint tenant(s) usually receive the decedent’s share automatically, outside probate.
• Tenants in common: When owners hold property as tenants in common, each owner has a distinct share. A deceased owner’s share passes through probate to heirs under Virginia’s intestacy rules (if there’s no will).

When property becomes part of the probate estate

If an asset does not pass automatically by survivorship or beneficiary designation, it becomes part of the probate estate. The circuit court and the personal representative (appointed by the court) will collect debts, pay taxes, and distribute remaining assets under Virginia’s intestacy statutes. You can review the statutory framework at Va. Code Title 64.2 (Wills, Trusts, and Fiduciaries), which includes the intestate succession rules.

How Virginia’s intestacy rules affect heirs

When someone dies without a will (intestate), Virginia law decides who inherits. Close relatives such as spouses, children, parents, and siblings may inherit based on the statutory priority. Because jointly owned property with survivorship does not pass through intestacy, it will not be divided under those rules. For the detailed statutory scheme, see Va. Code Title 64.2.

Common examples

Example 1 — Married couple with tenancy by the entirety home: The house typically passes entirely to the surviving spouse outside probate.

Example 2 — Two friends own a house as tenants in common: If one dies without a will, that person’s fractional share goes through probate and is distributed under intestacy (to heirs), not automatically to the surviving co-owner.

Example 3 — Bank account labeled “John & Mary, joint” with bank paperwork showing right of survivorship: When John dies, Mary can usually access the funds after providing a death certificate.

Practical documents and proof banks and title companies typically require

• Certified copy of the death certificate.
• ID for the surviving owner or named beneficiary.
• The account agreement or bank form showing the ownership or beneficiary designation.
• For real estate, a certified copy of the death certificate and the deed; sometimes an affidavit or court document is required if title is disputed.

When an asset’s route is unclear or contested

Disputes arise when ownership labels conflict with documentation, when signatures are missing, or when parties claim a transfer was fraudulent. In contested cases, the issue may go to the circuit court, and affected parties often need a probate proceeding or quiet title action to resolve ownership.

Where to start after a death

1. Gather the decedent’s important documents: deeds, account statements, titles, beneficiary forms, and the death certificate.
2. Contact financial institutions and the register of deeds to confirm how accounts and real estate are titled and what the institution requires to release funds or transfer title.
3. If no beneficiary or survivorship exists, consult the local circuit court clerk’s office about opening probate. Many Virginia courts provide information for intestate administration.
4. Consider consulting a Virginia probate or estate attorney when ownership is unclear, assets are large, or family disputes exist.

Key Virginia law resources

• Va. Code Title 64.2 — Wills, Trusts, and Fiduciaries (intestate succession and probate): https://law.lis.virginia.gov/vacode/title64.2/
• Va. Code Title 55 — Property and Conveyances (forms of property ownership and deeds): https://law.lis.virginia.gov/vacode/title55/
• Contact your county or city circuit court clerk for local probate procedures.

Bottom line

Ownership language controls. Survivorship language or a named beneficiary generally transfers the asset outside probate to the survivor or beneficiary. If neither exists, the asset becomes part of the probate estate and Virginia’s intestacy rules determine who inherits.

Disclaimer: This article is informational only and does not provide legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Virginia probate or estate attorney.

Helpful Hints

• Check how title is written on deeds and account forms — a few words (e.g., “with right of survivorship”) change the result.
• Bring a certified death certificate when asking banks or the register of deeds to transfer assets.
• Keep copies of beneficiary designations (POD, TOD, insurance) — they often control distribution.
• If you are the surviving joint owner, ask the bank what documentation it needs before you visit.
• If you find conflicting documents or family members disagree, consider asking a probate attorney to review title and account contracts before taking action.
• Even when property passes outside probate, estate taxes, outstanding debts, or liens can affect the practical transfer of assets.
• When in doubt, contact the local circuit court clerk for guidance on probate filings and small-estate procedures.