What Happens to Jointly Owned Property in Virginia When an Owner Dies?
When a joint owner dies in Virginia: Virginia law names no affidavit or certificate to record when a joint tenant with right of survivorship or a tenant by the entirety dies. The deceased owner's part belongs to the survivor under the terms of the deedVa. Code Title 55.1 (§§ 55.1-134 to 55.1-136, 55.1-600 to 55.1-666); Title 64.2; Title 17.1 (§§ 17.1-223 to 17.1-259); Title 58.1, chs. 8 and 32; Title 32.1, ch. 7Verified Oct 26, 2026View source.
Virginia law names no affidavit or certificate to record when a joint tenant with right of survivorship or a tenant by the entirety dies. The deceased owner's part belongs to the survivor under the terms of the deedVa. Code Title 55.1 (§§ 55.1-134 to 55.1-136, 55.1-600 to 55.1-666); Title 64.2; Title 17.1 (§§ 17.1-223 to 17.1-259); Title 58.1, chs. 8 and 32; Title 32.1, ch. 7Verified Oct 26, 2026View source.
Virginia's survivorship vestings are a joint tenancy whose deed states a right of survivorship and a tenancy by the entirety between spouses; without that language a joint tenant's share passes as if held in common. Loudoun County's clerk takes a deceased joint owner's name off the title by admitting the will to probate or, without a will, recording the statewide Real Estate Affidavit (Form CC-1612)Va. Code Title 55.1 (§§ 55.1-134 to 55.1-136, 55.1-600 to 55.1-666); Title 64.2; Title 17.1 (§§ 17.1-223 to 17.1-259); Title 58.1, chs. 8 and 32; Title 32.1, ch. 7Verified Oct 26, 2026View source.
Virginia law names no affidavit, notice or other instrument for a transfer on death deed beneficiary to record after the owner dies. The interest vests in the designated beneficiary at the death, and the deed itself takes effect only if it was recorded before the deathVa. Code §§ 64.2-621 to 64.2-638; Title 55.1, ch. 6; Title 17.1, ch. 2; Title 58.1, chs. 8 and 32; Title 32.1, ch. 7; Circuit Court Fee Schedule (Rev. 07/26)Verified Oct 26, 2026View source.
Is this your situation?
Get a complete guide for your specific circumstances.
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreForms for Settling an Estate in Virginia
Free forms for settling an estate in Virginia: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Virginia, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Certificate of Qualification; every appointment goes through the court.
Notice to Creditors
In Virginia, creditors have 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification), 64.2-508.1(C)(4) (published notice); § 64.2-529 (12-month liability shield); § 64.2-550 (debts-and-demands hearing)Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Virginia, a person named as executor may refuse the appointmentForm CC-1608, Waiver of Qualification (MASTER 11/16); Va. Code § 64.2-500(A)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Virginia, the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source covers estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less, 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Virginia, the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment.
Estate Closing
In Virginia, the personal representative is discharged automatically once the statutory period runsVa. Code §§ 64.2-1212, 64.2-1213Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Virginia
Free tools for settling an estate in Virginia: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Virginia, certified death certificates come from the Virginia Department of Health - Office of Vital RecordsVirginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $15Virginia Department of Health - Office of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Virginia, estates with personal property of $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or less skip probate with the Small Estate AffidavitVa. Code § 64.2-600Verified Sep 9, 2026View source, 60 daysVa. Code § 64.2-600Verified Sep 9, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Virginia requires a final state income tax return for the decedent alongside the federal Form 1040Va. Code §§ 58.1-320, 58.1-322.03, 58.1-360Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Virginia: the personal representative files the estate inventory within 120 daysVa. Code § 64.2-1300Verified Sep 15, 2026View source of appointment; creditors have 6 monthsVa. Code §§ 64.2-508.1, 64.2-528, 64.2-529, 64.2-550, 64.2-552, 64.2-556Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Virginia, the estate either qualifies for the simplified procedure for estates under $75,000Va. Code § 64.2-600Verified Sep 9, 2026View source or goes through probate, where creditors have 6 monthsVa. Code §§ 64.2-554, 64.2-556(A) (six months from qualification), 64.2-508.1(C)(4) (published notice); § 64.2-529 (12-month liability shield); § 64.2-550 (debts-and-demands hearing)Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Virginia levies no estate or inheritance taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Virginia imposes no inheritance or estate taxNo operative state estate or inheritance tax. Virginia's pick-up estate tax (Va. Code § 58.1-902) remains on the books but imposes "a tax in the amount of the federal credit," and the federal IRC § 2011 state death tax credit has been zero since 2005; the 1978 floor in the § 58.1-901 definition was deleted by 2006 Acts of Assembly Sp. Sess. I, cc. 4 and 5, effective for estates of persons who die on or after July 1, 2007. The separate inheritance tax was repealed effective January 1, 1980, except for remainder interests on which the tax was postponed under former Va. Code § 58-173 (VA Tax PD 15-93).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
Hire a Virginia Probate Attorney
Browse 66 probate firms in Virginia with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Virginia Estate Settlement Resources
In-depth guides covering Virginia probate, estate administration, and settling an estate.