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Virginia Transfer on Death Beneficiary Affidavit Form

On July 1, 2013, Virginia enacted the Uniform Real Property Transfer on Death Act, codified at VA Code §§ 64.2-621 et seq. (2012).

While the statutes contain suggested forms for the actual transfer on death deeds and associated revocations, the specifics for completing the transfer after the owner dies are less clear. In many cases, non-probate transfers of real property happen “as a function of law.” In theory, this means there is no need for the beneficiary to act – the named owner of the property automatically changes. In practice, however, it benefits the interests of all parties involved to formalize the updated status as soon as reasonably possible, especially since the beneficiary has the right to disclaim the conveyed interest.

One efficient method for stating the beneficiary’s intent to accept the real estate is to execute and record an affidavit, which is a document containing statements made under oath. The affidavit should, at minimum, include:
1. The parties named in the transfer on death deed;
2. Residency and death information about the deceased owner;
3. Recording details for the transfer on death deed;
4. A description of and property ID for the real property being transferred;
5. Official copies of any necessary death certificates; and
6. Anything else required by the local agency responsible for recording and maintaining land records. In Virginia, this is typically the office of the clerk of the circuit court.

By recording such an affidavit, the beneficiary provides notice to the public of the change in ownership of the property. This is important because it helps to maintain a clear chain of title, or sequential record of owners. A clear chain of title will simplify future sales or mortgages of the property, since it indicates a reduced chance of unexpected claims against present or future owners.

Each situation is unique, so for specific advice, or to resolve more complex issues, contact a local real estate attorney.
 
 
 
 

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Blank Virginia Transfer on Death Beneficiary Affidavit Forms. All forms are formatted based on where the property is located.
 
Deeds.com Virginia Transfer on Death Beneficiary Affidavit Forms Have Been Updated as Recently as Thursday January 19, 2017
Virginia Transfer on Death Beneficiary Affidavit Form
 
County or Independent City Transfer on Death Beneficiary Affidavit Form Information
Accomack County
Albemarle County
Alexandria City
Alleghany County
Amelia County
Amherst County
Appomattox County
Arlington County
Augusta County
Bath County
Bedford County
Bland County
Botetourt County
Bristol County
Brunswick County
Buchanan County
Buckingham County
Buena Vista City
Campbell County
Caroline County
Carroll County
Charles City
Charlotte County
Charlottesville City
Chesapeake City
Chesterfield County
Clarke County
Colonial Heights City
Covington City
Craig County
Culpeper County
Cumberland County
Danville City
Dickenson County
Dinwiddie County
Essex County
Fairfax County
Fairfax City
Falls Church City
Fauquier County
Floyd County
Fluvanna County
Franklin County
Franklin City
Frederick County
Fredericksburg City
Galax City
Giles County
Gloucester County
Goochland County
Grayson County
Greene County
Greensville County
Halifax County
Hampton City
Hanover County
Harrisonburg City
Henrico County
Henry County
Highland County
Hopewell City
Isle Of Wight County
James City
King And Queen County
King George County
King William County
Lancaster County
Lee County
Lexington City
Loudoun County
Louisa County
Lunenburg County
Lynchburg City
Madison County
Manassas City
Manassas Park City
Martinsville City
Mathews County
Mecklenburg County
Middlesex County
Montgomery County
Nelson County
New Kent County
Newport News City
Norfolk City
Northampton County
Northumberland County
Norton City
Nottoway County
Orange County
Page County
Patrick County
Petersburg City
Pittsylvania County
Poquoson City
Portsmouth City
Powhatan County
Prince Edward County
Prince George County
Prince William County
Pulaski County
Radford County
Rappahannock County
Richmond County
Richmond City
Roanoke County
Roanoke City
Rockbridge County
Rockingham County
Russell County
Salem County
Scott County
Shenandoah County
Smyth County
Southampton County
Spotsylvania County
Stafford County
Staunton City
Suffolk City
Surry County
Sussex County
Tazewell County
Virginia Beach City
Warren County
Washington County
Waynesboro City
Westmoreland County
Williamsburg City
Winchester City
Wise County
Wythe County
York County
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