As of July 1, 2013, Virginia joined the growing number of states allowing transfer on death deeds. These instruments 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.

One of the most useful characteristics of this estate planning tool is its flexibility. Life is unpredictable, and it's important to update wills and other documents dealing with what happens after death. For most deeds, once the owner/transferor signs and records the document, the transfer of title is completed and permanent. With transfer on death deeds, though, recording the executed form sets out the owner's intended plans for the property, but only after his/her death -- while alive, the owner maintains absolute control over and possession of the real estate. Because the conveyance is only for a potential future interest, and generally involves no consideration (money or something else of value given in exchange for the property), these deeds can be revoked for any reason, and at any time during the owner's life.

The Virginia statutes define the processes available for revoking a transfer on death deed at 64.2-630. The primary methods are executing a new transfer on death deed that explicitly revokes or changes the named beneficiary on one that was previously recorded; executing a revocation instrument; or executing an inter vivos deed, permanently transferring ownership of the real property to another owner. All of the methods require that the instrument changing the status of a transfer on death deed be executed and recorded DURING THE OWNER'S LIFE.

Each situation is unique, so carefully review all the options and their potential advantages and consequences before deciding on the appropriate method for revoking a transfer on death deed.

(Virginia Revocation of TOD Package includes form, guidelines, and completed example)

How to Use This Form

Select your county or independent city from the list above
Download the county or independent city-specific form
Fill in the required information
Have the document notarized if required
Record with your county or independent city recorder's office

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Common Uses for Transfer on Death Revocation

Retain full control of your property during your lifetime
Transfer property automatically at death without probate
Name a trust as the beneficiary of your real property
Designate a beneficiary to receive property upon your death
Name your children as beneficiaries of your real estate

Compare other Virginia deed forms and documents

Quitclaim Deed Gift Deed Gift Deed Special Warranty Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Deed of Trust and Promissory Note Certificate and Affidavit of Satisfaction of Deed of Trust Certificate of Partial Satisfaction of Deed of Trust Transfer on Death Deed Transfer on Death Beneficiary Affidavit Personal Representative Deed Real Estate Affidavit Trustee Deed Certificate of Trust Mineral Deed Quitclaim Mineral Deed Corrective Affidavit Mechanics Lien Preliminary Notice General Contractor Memorandum for Mechanics Lien Subcontractor Memorandum for Mechanics Lien Sub-subcontractor Memorandum for Mechanics Lien Conditional Lien Waiver on Partial Payment Unconditional Lien Waiver on Partial Payment Conditional Lien Waiver on Final Payment Unconditional Lien Waiver on Final Payment Disclaimer of Interest Memorandum of Lis Pendens

Important: County or Independent City-Specific Forms

Our transfer on death revocation forms are specifically formatted for each county or independent city in Virginia.

After selecting your county or independent city, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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