Virginia - Smyth County Transfer on Death Beneficiary Affidavit Forms

All Smyth County specific forms and documents listed below are included in your immediate download package:

Transfer on Death Beneficiary Affidavit Form - Smyth County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/22/2021

Transfer on Death Beneficiary Affidavit Guide - Smyth County

Line by line guide explaining every blank on the form.
Included document last updated 9/24/2021

Completed Example of the Transfer on Death Deed Beneficary Affidavit Document - Smyth County

Example of a properly completed form for reference.
Included document last updated 3/19/2021

Included Supplemental Documents

The Following Virginia and Smyth County supplemental forms are included as a courtesy with your order.

Certificate of Transfer Form (Virginia Document)

Virginia Land Record Cover Sheet - Information (Virginia Document)

VA Circuit Court Deed Fee Schedule (Virginia Document)

Certificate of Acknowledgment (Virginia Document)

Jurat (Virginia Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Smyth County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Smyth County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Transfer on Death Beneficiary Affidavit Forms:

• Smyth County

Including:

• Atkins
• Chilhowie
• Marion
• Saltville
• Sugar Grove

What is the 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.

Save Time and Money

Get your Smyth County Transfer on Death Beneficiary Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Our Promise

The documents you receive here will meet, or exceed, the Smyth County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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