Smyth County Transfer on Death Deed Form

Smyth County Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Smyth County Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.

Smyth County Completed Example of the Transfer on Death Deed Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Virginia and Smyth County documents included at no extra charge:
Where to Record Your Documents
Smyth Clerk of Circuit Court
Marion, Virginia 24354
Hours: 9:00 to 5:00 M-F / Recording until 4:30
Phone: (276) 782-4044
Recording Tips for Smyth County:
- White-out or correction fluid may cause rejection
- Avoid the last business day of the month when possible
- Recording fees may differ from what's posted online - verify current rates
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Smyth County
Properties in any of these areas use Smyth County forms:
- Atkins
- Chilhowie
- Marion
- Saltville
- Sugar Grove
Hours, fees, requirements, and more for Smyth County
How do I get my forms?
Forms are available for immediate download after payment. The Smyth County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
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.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Smyth County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Smyth County?
Recording fees in Smyth County vary. Contact the recorder's office at (276) 782-4044 for current fees.
Questions answered? Let's get started!
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.
(Virginia TODD Package includes form, guidelines, and completed example)
Important: Your property must be located in Smyth County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Smyth County.
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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Get your Smyth 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 and local jurisdictions.
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