{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-608.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-608.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-608.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-608.html"}],"law_id":70832,"edition_id":1,"section_id":70832,"structure_id":14507,"section_number":"6.2-608","catch_line":"Right of survivorship","history":"1979, c. 407, \u00a7 6.1-125.5; 1981, c. 53; 2010, c. 794.","full_text":"A\n\nSums remaining on deposit at the death of a party to a joint account belong to the surviving party as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during their lifetime shall be in proportion to their previous ownership interests under § 6.2-606 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties.B\n\nIf the account is a P.O.D. account:1\n\nOn the death of one of two or more original payees, the rights to any sums remaining on deposit are governed by subsection A;2\n\nOn the death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.C\n\nIf the account is a trust account:1\n\nOn the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection A;2\n\nOn the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent. If two or more beneficiaries survive the death of the sole trustee or the last survivor of two or more trustees, there is no right of survivorship in the event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.D\n\nIn other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate. If the terms of the account clearly indicate that there is no right of survivorship, the estate of a decedent party shall succeed to the rights of decedent in such account.E\n\nA right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will.","order_by":null,"text":{"0":{"id":255419,"text":"Sums remaining on deposit at the death of a party to a joint account belong to the surviving party as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during their lifetime shall be in proportion to their previous ownership interests under § 6.2-606 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255420,"text":"If the account is a P.O.D. account:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":255421,"text":"On the death of one of two or more original payees, the rights to any sums remaining on deposit are governed by subsection A;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":255422,"text":"On the death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":255423,"text":"If the account is a trust account:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C1"},"5":{"id":255424,"text":"On the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection A;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":255425,"text":"On the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent. If two or more beneficiaries survive the death of the sole trustee or the last survivor of two or more trustees, there is no right of survivorship in the event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":255426,"text":"In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate. If the terms of the account clearly indicate that there is no right of survivorship, the estate of a decedent party shall succeed to the rights of decedent in such account.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":255427,"text":"A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14507,"edition_id":1,"name":"Multiple-Party Accounts","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13916,"metadata":{},"date_created":"2026-06-26 03:48:24","date_modified":"2026-06-26 03:48:24","permalink":{"id":264925,"object_type":"structure","relational_id":14507,"identifier":"2","token":"6.2\/II\/6\/2","url":"\/6.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13916,"edition_id":1,"name":"Deposits and Accounts","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13000,"metadata":{},"date_created":"2026-06-26 03:46:17","date_modified":"2026-06-26 03:46:17","permalink":{"id":264901,"object_type":"structure","relational_id":13916,"identifier":"6","token":"6.2\/II\/6","url":"\/6.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13000,"edition_id":1,"name":"Depository Institutions and Trust Organizations","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12852,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":263685,"object_type":"structure","relational_id":13000,"identifier":"II","token":"6.2\/II","url":"\/6.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12852,"edition_id":1,"name":"Financial Institutions and Services","identifier":"6.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":263249,"object_type":"structure","relational_id":12852,"identifier":"6.2","token":"6.2","url":"\/6.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83499,"structure_id":14507,"section_number":"6.2-604","catch_line":"Definitions","url":"\/6.2-604\/","token":"6.2\/II\/6\/2\/6.2-604","metadata":false},{"id":60179,"structure_id":14507,"section_number":"6.2-605","catch_line":"Applicability","url":"\/6.2-605\/","token":"6.2\/II\/6\/2\/6.2-605","metadata":false},{"id":81600,"structure_id":14507,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","url":"\/6.2-606\/","token":"6.2\/II\/6\/2\/6.2-606","metadata":false},{"id":59409,"structure_id":14507,"section_number":"6.2-607","catch_line":"Effect of divorce","url":"\/6.2-607\/","token":"6.2\/II\/6\/2\/6.2-607","metadata":false},{"id":70832,"structure_id":14507,"section_number":"6.2-608","catch_line":"Right of survivorship","url":"\/6.2-608\/","token":"6.2\/II\/6\/2\/6.2-608","metadata":false},{"id":69560,"structure_id":14507,"section_number":"6.2-609","catch_line":"Change of form of account upon written order to financial institution","url":"\/6.2-609\/","token":"6.2\/II\/6\/2\/6.2-609","metadata":false},{"id":65001,"structure_id":14507,"section_number":"6.2-610","catch_line":"Transfers arising from right of survivorship nontestamentary","url":"\/6.2-610\/","token":"6.2\/II\/6\/2\/6.2-610","metadata":false},{"id":66290,"structure_id":14507,"section_number":"6.2-611","catch_line":"Liability of surviving party for debts and other liabilities of decedent's estate","url":"\/6.2-611\/","token":"6.2\/II\/6\/2\/6.2-611","metadata":false},{"id":59609,"structure_id":14507,"section_number":"6.2-612","catch_line":"Financial institution duties; multiple-party accounts; multiple-fiduciary accounts","url":"\/6.2-612\/","token":"6.2\/II\/6\/2\/6.2-612","metadata":false},{"id":69238,"structure_id":14507,"section_number":"6.2-613","catch_line":"Payment of sums in joint account","url":"\/6.2-613\/","token":"6.2\/II\/6\/2\/6.2-613","metadata":false},{"id":72313,"structure_id":14507,"section_number":"6.2-614","catch_line":"Payment of P.O.D. account","url":"\/6.2-614\/","token":"6.2\/II\/6\/2\/6.2-614","metadata":false},{"id":59587,"structure_id":14507,"section_number":"6.2-615","catch_line":"Payment of trust account","url":"\/6.2-615\/","token":"6.2\/II\/6\/2\/6.2-615","metadata":false},{"id":74285,"structure_id":14507,"section_number":"6.2-615.1","catch_line":"Payment of multiple-fiduciary account","url":"\/6.2-615.1\/","token":"6.2\/II\/6\/2\/6.2-615.1","metadata":false},{"id":57312,"structure_id":14507,"section_number":"6.2-616","catch_line":"Discharge of financial institution upon payment","url":"\/6.2-616\/","token":"6.2\/II\/6\/2\/6.2-616","metadata":false},{"id":83292,"structure_id":14507,"section_number":"6.2-617","catch_line":"Setoff by financial institution against account","url":"\/6.2-617\/","token":"6.2\/II\/6\/2\/6.2-617","metadata":false},{"id":55925,"structure_id":14507,"section_number":"6.2-618","catch_line":"Identification of joint accounts","url":"\/6.2-618\/","token":"6.2\/II\/6\/2\/6.2-618","metadata":false},{"id":79522,"structure_id":14507,"section_number":"6.2-619","catch_line":"Certain duties of parties to joint accounts in financial institutions","url":"\/6.2-619\/","token":"6.2\/II\/6\/2\/6.2-619","metadata":false},{"id":66233,"structure_id":14507,"section_number":"6.2-620","catch_line":"Application of article to accounts existing on July 1, 1980","url":"\/6.2-620\/","token":"6.2\/II\/6\/2\/6.2-620","metadata":false}],"previous_section":{"id":59409,"structure_id":14507,"section_number":"6.2-607","catch_line":"Effect of divorce","url":"\/6.2-607\/","token":"6.2\/II\/6\/2\/6.2-607","metadata":false},"next_section":{"id":69560,"structure_id":14507,"section_number":"6.2-609","catch_line":"Change of form of account upon written order to financial institution","url":"\/6.2-609\/","token":"6.2\/II\/6\/2\/6.2-609","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-608\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 407 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1981, chapter 53; in 2010, chapter 794<\/a>.<\/p>","references":[{"id":60179,"section_number":"6.2-605","catch_line":"Applicability","order_by":null,"url":"\/6.2-605\/"},{"id":69560,"section_number":"6.2-609","catch_line":"Change of form of account upon written order to financial institution","order_by":null,"url":"\/6.2-609\/"},{"id":65001,"section_number":"6.2-610","catch_line":"Transfers arising from right of survivorship nontestamentary","order_by":null,"url":"\/6.2-610\/"},{"id":69238,"section_number":"6.2-613","catch_line":"Payment of sums in joint account","order_by":null,"url":"\/6.2-613\/"}],"refers_to":[{"id":81600,"section_number":"6.2-606","catch_line":"Ownership during lifetime; garnishment, attachment, or levy","order_by":null,"url":"\/6.2-606\/"}],"permalink":{"id":264943,"object_type":"law","relational_id":70832,"identifier":"6.2-608","token":"6.2\/II\/6\/2\/6.2-608","url":"\/6.2-608\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-608\/","token":"6.2\/II\/6\/2\/6.2-608","dublin_core":{"Title":"Right of survivorship","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-608","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Sums remaining on deposit at the death of a party<\/span> to a joint account<\/span> belong to the surviving party<\/span> as against the estate of the decedent unless there is clear and convincing evidence<\/span> of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during their lifetime shall be in proportion to their previous ownership interests under § 6.2-606<\/a> augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the account is a P.O.D. account: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On the death of one of two or more original payees, the rights to any sums remaining on deposit are governed by subsection A; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> On the death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee. If two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the account is a trust account<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> On the death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subsection A; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> On the death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the persons<\/span> named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence<\/span> of a contrary intent<\/span>. If two or more beneficiaries survive the death of the sole trustee or the last survivor of two or more trustees, there is no right of survivorship in the event of death of any beneficiary<\/span> thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In other cases, the death of any party<\/span> to a multiple-party<\/span> account<\/span> has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate. If the terms of the account clearly indicate that there is no right of survivorship, the estate of a decedent party<\/span> shall succeed to the rights of decedent in such account. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A right of survivorship arising from the express terms of the account or under this section, a beneficiary<\/span> designation in a trust account<\/span>, or a P.O.D. payee designation, cannot be changed by will. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHT OF SURVIVORSHIP (\u00a7 6.2-608)\n\nA. Sums remaining on deposit at the death of a party to a joint account belong\nto the surviving party as against the estate of the decedent unless there is\nclear and convincing evidence of a different intention at the time the account\nis created. If there are two or more surviving parties, their respective\nownerships during their lifetime shall be in proportion to their previous\nownership interests under § 6.2-606 augmented by an equal share for each\nsurvivor of any interest the decedent may have owned in the account immediately\nbefore his death; and the right of survivorship continues between the surviving\nparties.\n\nB. If the account is a P.O.D. account:\n\n 1. On the death of one of two or more original payees, the rights to any sums\n remaining on deposit are governed by subsection A;\n\n 2. On the death of the sole original payee or of the survivor of two or more\n original payees, any sums remaining on deposit belong to the P.O.D. payee or\n payees if surviving, or to the survivor of them if one or more die before the\n original payee. If two or more P.O.D. payees survive, there is no right of\n survivorship in the event of death of a P.O.D. payee thereafter unless the\n terms of the account or deposit agreement expressly provide for survivorship\n between them.\n\nC. If the account is a trust account:\n\n 1. On the death of one of two or more trustees, the rights to any sums\n remaining on deposit are governed by subsection A;\n\n 2. On the death of the sole trustee or the survivor of two or more trustees,\n any sums remaining on deposit belong to the persons named as beneficiaries, if\n surviving, or to the survivor of them if one or more die before the trustee,\n unless there is clear evidence of a contrary intent. If two or more\n beneficiaries survive the death of the sole trustee or the last survivor of\n two or more trustees, there is no right of survivorship in the event of death\n of any beneficiary thereafter unless the terms of the account or deposit\n agreement expressly provide for survivorship between them.\n\nD. In other cases, the death of any party to a multiple-party account has no\neffect on beneficial ownership of the account other than to transfer the rights\nof the decedent as part of his estate. If the terms of the account clearly\nindicate that there is no right of survivorship, the estate of a decedent party\nshall succeed to the rights of decedent in such account.\n\nE. A right of survivorship arising from the express terms of the account or\nunder this section, a beneficiary designation in a trust account, or a P.O.D.\npayee designation, cannot be changed by will.\n\nHISTORY: 1979, c. 407, \u00a7 6.1-125.5; 1981, c. 53; 2010, c. 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}