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Transfer on Death Deed Form - Fairfax County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/7/2020
Transfer on Death Deed Guide - Fairfax County
Line by line guide explaining every blank on the form.
Included document last updated 5/15/2020
Completed Example of the Transfer on Death Deed Document - Fairfax County
Example of a properly completed form for reference.
Included document last updated 4/28/2020
*The Following Virginia and Fairfax County supplemental forms are included as a courtesy with your order.
Deed Cover Sheet
When recording a real estate deed in Virginia, a bar-coded, cover sheet is required in many counties/cities. For most counties, this form must be generated online at the Virginia courts website. Fairfax County, however, has its own online cover sheet generator. View the information sheet provided here for a link and contact information.
Fairfax Recordation Taxes & Fees
This detailed schedule lists amounts due by instrument and includes taxes due at the time of recording. We advise customers to contact the local court in order to confirm the amount.
Certificate of Transfer
Use this form for protection of assignees or transferees of debts secured by real estate.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in Virginia.
Including:
Virginia's 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 <i>while the transferor is alive</i> 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.
Get your Fairfax County Transfer on Death Deed 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.
The documents you receive here will meet, or exceed, the Fairfax County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1450 Reviews)
May 29th, 2020
Name: Carla H.
Review: This is a very useful site for downloading legal forms - just be sure you're getting the form you need before buying. Unfortunately I selected the wrong form initially and had to buy a 2nd form to correct my error. I saw no way of communicating my error at that point - i.e., loss of one star.
Reply from Staff on May 30th, 2020
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May 29th, 2020
Name: Thomas B.
Review: My deeds were filed with Pinellas County Florida with a simple process and with no problems. 5 star for sure.
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May 29th, 2020
Name: james b.
Review: worked great
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Kendrick S.
Review: Really solid system for determining what may prevent your documents from being accepted. I love the comments section allowing for fluid communication. I only wish there were automated emails for all those communications and once documents were accepted, but I did receive a couple personally-generated emails regarding the progress instructing me to check the site.
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Lester A.
Review: Couldnt have been easier. Docs recorded the next day!
Reply from Staff on May 29th, 2020
Thanks Lester, glad we could help.
May 29th, 2020
Name: Debra M.
Review: Since the recorder's office is closed, due to Covid, this worked well to submit my Quit Claim Deed. I was a bit confused with the direction and download. But, I think I got her done! We'll see if I get recorded and confirmation is received. I may be back
Reply from Staff on May 29th, 2020
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May 29th, 2020
Name: Danna F.
Review: VERY INFORMATIVE
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May 28th, 2020
Name: Stephanie B.
Review: Really great, relevant and straight forward forms. Deeds.com is excellent and helps you avoid costly errors on documents.
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May 28th, 2020
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Review: Prompt accurate service
Reply from Staff on May 28th, 2020
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May 28th, 2020
Name: Jeff C.
Review: Had the paperwork that I needed. Was a quick and easy transaction.
Reply from Staff on May 28th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!