{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/64.2-2605.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/64.2-2605.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/64.2-2605.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/64.2-2605.html"}],"law_id":376116,"edition_id":2,"section_id":376116,"structure_id":53488,"section_number":"64.2-2605","catch_line":"Disclaimer of rights of survivorship in jointly held property","history":"2003, c. 253, \u00a7 64.1-196.6; 2012, c. 614.","full_text":"A\n\nUpon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of (i) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates or (ii) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.\n\nB\n\nA disclaimer under subsection A takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.\n\nC\n\nAn interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.\n\n","order_by":null,"text":{"0":{"id":1404365,"text":"Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the greater of (i) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates or (ii) all of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1404366,"text":"A disclaimer under subsection A takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1404367,"text":"An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53488,"edition_id":2,"name":"Uniform Disclaimer of Property Interests Act","identifier":"26","label":"chapter","depth":3,"order_by":5,"parent_id":53483,"metadata":{"child_laws":15,"child_structures":0},"date_created":"2026-08-02 03:17:09","date_modified":"2026-08-02 12:37:25","permalink":{"id":1502885,"object_type":"structure","relational_id":53488,"identifier":"26","token":"64.2\/V\/26","url":"\/64.2\/V\/26\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53483,"edition_id":2,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":5,"parent_id":53424,"metadata":{"child_laws":90,"child_structures":12},"date_created":"2026-08-02 03:17:05","date_modified":"2026-08-02 12:37:24","permalink":{"id":1502731,"object_type":"structure","relational_id":53483,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53424,"edition_id":2,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":136,"parent_id":null,"metadata":{"child_laws":776,"child_structures":114},"date_created":"2026-08-02 03:16:27","date_modified":"2026-08-02 12:37:05","permalink":{"id":1499783,"object_type":"structure","relational_id":53424,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":376111,"structure_id":53488,"section_number":"64.2-2600","catch_line":"Definitions","url":"\/64.2-2600\/","token":"64.2\/V\/26\/64.2-2600","metadata":false},{"id":376112,"structure_id":53488,"section_number":"64.2-2601","catch_line":"Scope","url":"\/64.2-2601\/","token":"64.2\/V\/26\/64.2-2601","metadata":false},{"id":376113,"structure_id":53488,"section_number":"64.2-2602","catch_line":"Chapter supplemented by other law","url":"\/64.2-2602\/","token":"64.2\/V\/26\/64.2-2602","metadata":false},{"id":376114,"structure_id":53488,"section_number":"64.2-2603","catch_line":"Power to disclaim; general requirements; when irrevocable","url":"\/64.2-2603\/","token":"64.2\/V\/26\/64.2-2603","metadata":false},{"id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","metadata":false},{"id":376116,"structure_id":53488,"section_number":"64.2-2605","catch_line":"Disclaimer of rights of survivorship in jointly held property","url":"\/64.2-2605\/","token":"64.2\/V\/26\/64.2-2605","metadata":false},{"id":376117,"structure_id":53488,"section_number":"64.2-2606","catch_line":"Disclaimer of interest by trustee","url":"\/64.2-2606\/","token":"64.2\/V\/26\/64.2-2606","metadata":false},{"id":376118,"structure_id":53488,"section_number":"64.2-2607","catch_line":"Disclaimer of power of appointment or other power not held in a fiduciary capacity","url":"\/64.2-2607\/","token":"64.2\/V\/26\/64.2-2607","metadata":false},{"id":376119,"structure_id":53488,"section_number":"64.2-2608","catch_line":"Disclaimer by appointee, object, or taker in default of exercise of power of appointment","url":"\/64.2-2608\/","token":"64.2\/V\/26\/64.2-2608","metadata":false},{"id":376120,"structure_id":53488,"section_number":"64.2-2609","catch_line":"Disclaimer of power held in fiduciary capacity","url":"\/64.2-2609\/","token":"64.2\/V\/26\/64.2-2609","metadata":false},{"id":376121,"structure_id":53488,"section_number":"64.2-2610","catch_line":"Delivery or filing","url":"\/64.2-2610\/","token":"64.2\/V\/26\/64.2-2610","metadata":false},{"id":376122,"structure_id":53488,"section_number":"64.2-2611","catch_line":"When disclaimer barred or limited","url":"\/64.2-2611\/","token":"64.2\/V\/26\/64.2-2611","metadata":false},{"id":376123,"structure_id":53488,"section_number":"64.2-2612","catch_line":"Tax qualified disclaimer","url":"\/64.2-2612\/","token":"64.2\/V\/26\/64.2-2612","metadata":false},{"id":376124,"structure_id":53488,"section_number":"64.2-2613","catch_line":"Recording of disclaimer","url":"\/64.2-2613\/","token":"64.2\/V\/26\/64.2-2613","metadata":false},{"id":376125,"structure_id":53488,"section_number":"64.2-2614","catch_line":"Application to existing relationships","url":"\/64.2-2614\/","token":"64.2\/V\/26\/64.2-2614","metadata":false}],"previous_section":{"id":376115,"structure_id":53488,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","url":"\/64.2-2604\/","token":"64.2\/V\/26\/64.2-2604","metadata":false},"next_section":{"id":376117,"structure_id":53488,"section_number":"64.2-2606","catch_line":"Disclaimer of interest by trustee","url":"\/64.2-2606\/","token":"64.2\/V\/26\/64.2-2606","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2605\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 253<\/a> 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. 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 2012, chapter 614<\/a>.<\/p>","references":[{"id":376115,"section_number":"64.2-2604","catch_line":"Disclaimer of interest in property","order_by":null,"url":"\/64.2-2604\/"},{"id":376224,"section_number":"64.2-416","catch_line":"Devises, bequests, and distributions that fail; how to pass","order_by":null,"url":"\/64.2-416\/"}],"refers_to":false,"permalink":{"id":1502907,"object_type":"law","relational_id":376116,"identifier":"64.2-2605","token":"64.2\/V\/26\/64.2-2605","url":"\/64.2-2605\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/64.2-2605\/","token":"64.2\/V\/26\/64.2-2605","dublin_core":{"Title":"Disclaimer of rights of survivorship in jointly held property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2605","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the death of a holder of jointly held property<\/span>, a surviving holder may disclaim, in whole or in part, the greater of (i) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer<\/span> relates or (ii) all of the property except that part of the value<\/span> of the entire interest attributable to the contribution furnished by the disclaimant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A disclaimer<\/span> under subsection A takes effect as of the death of the holder of jointly held property<\/span> to whose death the disclaimer<\/span> relates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An interest in jointly held property<\/span> disclaimed by a surviving holder of the property passes as if the disclaimant<\/span> predeceased the holder to whose death the disclaimer<\/span> relates. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLAIMER OF RIGHTS OF SURVIVORSHIP IN JOINTLY HELD PROPERTY (\u00a7 64.2-2605)\n\nA. Upon the death of a holder of jointly held property, a surviving holder may\ndisclaim, in whole or in part, the greater of (i) a fractional share of the\nproperty determined by dividing the number one by the number of joint holders\nalive immediately before the death of the holder to whose death the disclaimer\nrelates or (ii) all of the property except that part of the value of the entire\ninterest attributable to the contribution furnished by the disclaimant.\n\nB. A disclaimer under subsection A takes effect as of the death of the holder of\njointly held property to whose death the disclaimer relates.\n\nC. An interest in jointly held property disclaimed by a surviving holder of the\nproperty passes as if the disclaimant predeceased the holder to whose death the\ndisclaimer relates.\n\nHISTORY: 2003, c. 253, \u00a7 64.1-196.6; 2012, c. 614.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}