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Virginia Transfer on Death Deed Form

Virginia’s new statutory transfer on death deed became effective on July 1, 2013. These deeds are governed by the Uniform Real Property Transfer on Death Act (URPTODA), which is incorporated into the Virginia statutes at §§ 64.2-621 et seq.

A transfer on death deed is an instrument that allows owners of Virginia real estate to convey land to chosen beneficiaries without the need for a will or probate distribution (§ 64.2-624). To be valid, the completed and notarized form must, among other things, meet the same standards as a regular inter vivos deed (one that transfers title while the owner is still living); state that the transfer will only occur at the owner/transferor’s death; and be recorded while the transferor is alive in the land records at clerk’s office of the county where the property is located (§ 64.2-628).

The deeds are revocable, which means that while alive, the owner retains 100% control over the property, may use or sell it as desired, and may also redirect, modify, or even cancel the future transfer at will. As a result, there is no requirement for notice, delivery, acceptance, or consideration, all necessary for standard deeds (§ 64.2-629). This is possible because the named beneficiaries only have a potential future interest in the real estate. The process and requirements for revocation are specified in § 64.2-630.

During the owner/transferor’s life, the recorded transfer on death deed does not change the owner’s interest or rights to sell or mortgage the property; grant the beneficiary any interest in the land; change a creditor’s interest in the real estate; affect the owner’s or beneficiary’s eligibility for public assistance; create a legal or equitable interest in favor of the beneficiary; or open the property up to claims from the beneficiary’s creditors (§ 64.2-631).

When the transferor dies, the title to the real property vests in the beneficiary according to the rules stated in § 64.2-632. In some cases, however, the beneficiary may not wish to accept the property. If that happens, he/she may “disclaim all or part of the beneficiary's interest as provided by Chapter 26 (§ 64.2-2600 et seq.)” (§ 64.2-633).

Overall, Virginia’s transfer on death deed adds an efficient, flexible tool for those considering options for estate planning. As with other important financial decisions, take the time to carefully review the different options. Each case is unique, so when in doubt, contact an attorney or other appropriate professional for advice.
 
 
 
 

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Blank Virginia Transfer on Death Deed Forms. All forms are formatted based on where the property is located.
 
Deeds.com Virginia Transfer on Death Deed Forms Have Been Updated as Recently as Friday June 9, 2017
Virginia Transfer on Death Deed Form
 
County or Independent City Transfer on Death Deed 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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