How Do Wills Affect Right of Survivorship Property in Virginia
Date: November 25, 2025
How Right of Survivorship Property Works in Virginia
In Virginia, people can own property with the right of survivorship, including real estate, financial or bank accounts, and even automobiles. When an asset—such as real estate or a bank account—is owned by more than one person with the right of survivorship, the surviving owner(s) automatically inherits the deceased owner’s share upon their death. This transfer happens outside of probate and is not controlled by the terms of the deceased person’s will.
Virginia Code Section 6.2-608(A) provides, in part, “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.”
Virginia Code Section 6.2-608(E) provides, “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.”
A common scenario is two people owning a bank account with the right of survivorship. Upon the death of one of the owners, the surviving owner owns 100% of the account. By statute, a right of survivorship cannot be changed by a will. See Va. Code § 6.2-608(E). As a result, the right of survivorship titlings can have a substantial impact on the ultimate disposition of an estate.
Potential Conflicts with Provisions of a Will
When a person owns property with the right of survivorship, that titling will control the disposition of that property instead of the person’s will. See Va. Code § 6.2-608(E). Testators (people making wills) may not realize that the disposition of property owned with the right of survivorship is not controlled by their will, leading to estate plans that may not reflect their true intentions.
If a will states that a particular asset should go to a specific beneficiary, but that asset is owned with the right of survivorship, the right of survivorship titling will control. For example, if a parent’s will leaves a house to her children equally, but the house is owned by the parent jointly with the right of survivorship with one child at the time of the parent’s death, then that child would inherit the entire property upon the parent’s passing, regardless of the contents of the will.
Similarly, if a joint bank account owned with the right of survivorship is intended to be divided among several heirs under the terms of a will, the surviving account owner would receive all the funds upon the decedent’s passing on account of the right of survivorship. Again, the will’s provisions will not alter the ownership of an account held with the right of survivorship.
Common Scenarios of Conflict
Owning property with the right of survivorship can lead to unintended results compared to the terms of a person’s will. For example, a will may provide that a decedent’s assets are to be divided equally among children. However, owning property with the right of survivorship could alter that intended result considerably. If the largest assets of the estate were a house and a bank account, both of which were owned with the right of survivorship with one of the decedent’s children, then that surviving child would inherit all those assets, and the will would not control the disposition of those assets. This can lead to disputes. Heirs whose inheritances are reduced or eliminated due to assets held with the right of survivorship may decide to try to contest the right of survivorship titlings.
Disputes often arise when right of survivorship retitlings occur late in a person’s life, while the person is declining physically and/or mentally, and when the right of survivorship retitlings benefit one or more family members to the detriment of others. With the advent of electronic signatures and online forms, adding joint account holders or retitling bank accounts with survivorship has become easier than ever but may also lead to disputes regarding those additions.
Conclusion
Owning property with the right of survivorship can control an asset’s disposition regardless of the terms of a will, potentially leading to outcomes that differ from a decedent’s intentions or an heir’s expectations. Survivorship retitlings can substantially impact the distribution scheme of a person’s estate. If you find yourself in a dispute relating to a survivorship retitling, you should promptly consult with competent legal counsel.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.