{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/6.2-611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/6.2-611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/6.2-611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/6.2-611.html"}],"law_id":66290,"edition_id":1,"section_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","history":"1979, c. 407, \u00a7 6.1-125.8; 2010, c. 794.","full_text":"A\n\nIf the assets of a deceased party’s estate, other than the assets in a multiple-party account, are not sufficient to pay the debts, taxes, and expenses of estate administration, including statutory allowances to the surviving spouse, minor children, and dependent children, no transfer of account funds, to which the deceased party was beneficially entitled immediately before his death, shall be effective, by virtue of a party’s survivorship of the decedent, against the estate of such deceased party to the extent such funds are needed to pay such liabilities of the estate.B\n\nA surviving party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges described in subsection A that remain unpaid after application of the decedent’s estate. No proceeding to assert this liability shall be commenced (i) unless the personal representative has received a written demand by a surviving spouse, a creditor, or one acting for a minor or dependent child of the decedent and (ii) later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent’s estate.C\n\nThis section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless, before payment, the institution has been served with process in a proceeding by the personal representative.","order_by":null,"text":{"0":{"id":240735,"text":"If the assets of a deceased party’s estate, other than the assets in a multiple-party account, are not sufficient to pay the debts, taxes, and expenses of estate administration, including statutory allowances to the surviving spouse, minor children, and dependent children, no transfer of account funds, to which the deceased party was beneficially entitled immediately before his death, shall be effective, by virtue of a party’s survivorship of the decedent, against the estate of such deceased party to the extent such funds are needed to pay such liabilities of the estate.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240736,"text":"A surviving party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges described in subsection A that remain unpaid after application of the decedent’s estate. No proceeding to assert this liability shall be commenced (i) unless the personal representative has received a written demand by a surviving spouse, a creditor, or one acting for a minor or dependent child of the decedent and (ii) later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent’s estate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240737,"text":"This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof, or make it liable to the estate of a deceased party unless, before payment, the institution has been served with process in a proceeding by the personal representative.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/6.2-611\/","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 1 time. 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. That modification is as follows: in 2010, chapter 794<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":264955,"object_type":"law","relational_id":66290,"identifier":"6.2-611","token":"6.2\/II\/6\/2\/6.2-611","url":"\/6.2-611\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/6.2-611\/","token":"6.2\/II\/6\/2\/6.2-611","dublin_core":{"Title":"Liability of surviving party for debts and other liabilities of decedent’s estate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 6.2-611","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the assets<\/span> of a deceased party<\/span>’s estate, other than the assets<\/span> in a multiple-party<\/span> account<\/span>, are not sufficient to pay the debts, taxes, and expenses of estate administration, including statutory allowances to the surviving spouse, minor<\/span> children, and dependent children, no transfer of account funds, to which the deceased party<\/span> was beneficially entitled immediately before his death, shall be effective, by virtue of a party<\/span>’s survivorship of the decedent, against the estate of such deceased party<\/span> to the extent such funds are needed to pay such liabilities of the estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A surviving party<\/span>, P.O.D. payee, or beneficiary<\/span> who receives payment from a multiple-party<\/span> account<\/span> after the death of a deceased party<\/span> shall be liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges described in subsection A that remain unpaid after application of the decedent’s estate. No proceeding to assert this liability shall be commenced (i) unless the personal representative has received a written demand by a surviving spouse, a creditor<\/span>, or one acting for a minor<\/span> or dependent child of the decedent and (ii) later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent’s estate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not affect the right of a financial institution<\/span> to make payment on multiple-party<\/span> accounts<\/span> according to the terms thereof, or make it liable to the estate of a deceased party<\/span> unless, before payment, the institution has been served with process in a proceeding by the personal representative. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF SURVIVING PARTY FOR DEBTS AND OTHER LIABILITIES OF DECEDENT’S\nESTATE (\u00a7 6.2-611)\n\nA. If the assets of a deceased party’s estate, other than the assets in a\nmultiple-party account, are not sufficient to pay the debts, taxes, and expenses\nof estate administration, including statutory allowances to the surviving\nspouse, minor children, and dependent children, no transfer of account funds, to\nwhich the deceased party was beneficially entitled immediately before his death,\nshall be effective, by virtue of a party’s survivorship of the decedent,\nagainst the estate of such deceased party to the extent such funds are needed to\npay such liabilities of the estate.\n\nB. A surviving party, P.O.D. payee, or beneficiary who receives payment from a\nmultiple-party account after the death of a deceased party shall be liable to\naccount to his personal representative for amounts the decedent owned\nbeneficially immediately before his death to the extent necessary to discharge\nthe claims and charges described in subsection A that remain unpaid after\napplication of the decedent’s estate. No proceeding to assert this\nliability shall be commenced (i) unless the personal representative has received\na written demand by a surviving spouse, a creditor, or one acting for a minor or\ndependent child of the decedent and (ii) later than two years following the\ndeath of the decedent. Sums recovered by the personal representative shall be\nadministered as part of the decedent’s estate.\n\nC. This section shall not affect the right of a financial institution to make\npayment on multiple-party accounts according to the terms thereof, or make it\nliable to the estate of a deceased party unless, before payment, the institution\nhas been served with process in a proceeding by the personal representative.\n\nHISTORY: 1979, c. 407, \u00a7 6.1-125.8; 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}}