Virginia Transfer on Death Beneficiary Affidavit

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.

Deeds.com Virginia Transfer on Death Beneficiary Affidavit Forms Have Been Updated as Recently as Thursday October 10, 2019

4.7 out of 5 (903 Reviews)

What others like you are saying:

Mary K. said: Awesome site. Looking for a way to save hiring an attorney. Family doesn't have the money for that so this site is much appreciated.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Christopher V. said: GREAT STUFF TKS

Reply from Staff: Thank you!

Caroline K. said: SIMPLE, THAT IS GOOD

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Janette K. said: I ordered a Transfer of Deed on Death document. It was easy to fill in, came with a useful guide and was customized to my county/state. It got the job done and was well worth the money!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Kristen H. said: This was such a money saver. I was told by someone at the courthouse that I had to have a lawyer prepare the paper work for my mom. They stated that family members couldn't prepare the papers. I was hopeful when I found that I could prepare the survivorship affidavit on Deeds. I was able to prepare everything myself and had no issues today when at the courthouse for all the changes. Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

CLAUDE G. said: just what I needed Thank You

Reply from Staff: Thank you!