Virginia § 8.4-405 - Death or incompetence of customer

Full text of Virginia Code of Virginia § 8.4-405 — Death or incompetence of customer, with citation guidance and answers to common questions.

§ 8.4-405. Death or incompetence of customer

(a) A payor or collecting bank's authority to accept, pay or collect an item or to account for proceeds of its collection if otherwise effective is not rendered ineffective by the incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incapacity and has reasonable opportunity to act on it.

(b) Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

Code 1950, § 6-540; 1964, c. 219; 1992, c. 693; 1997, c. 801.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 8.4-405

What does Code of Virginia § 8.4-405 cover?

Section 8.4-405 ("Death or incompetence of customer") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 8.4-405?

A common citation format is "Code of Virginia § 8.4-405" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 8.4-405 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.