Virginia Transfer-on-Death Deed

At a glance

How the deed works

Virginia has adopted the Uniform Real Property Transfer on Death Act at Code of Virginia § 64.2-621 et seq. (Title 64.2, Chapter 6, Article 5). An individual may use a transfer-on-death (TOD) deed to pass Virginia real property to one or more named beneficiaries effective at death, outside probate. The deed is nontestamentary, remains revocable, and requires the same capacity as making a will.

The TOD deed must be recorded before the transferor's death in the land records of the clerk's office of the circuit court for the jurisdiction where the property is located (§ 64.2-628). It must state that the transfer occurs at the transferor's death and otherwise meet deed formalities; the beneficiary need not sign, be notified, or give consideration. Virginia also charges no recordation tax on a qualifying TOD deed or its revocation when no consideration passes.

This is educational information, not legal advice. An attorney licensed in Virginia or another financial professional can confirm how a TOD deed fits with existing co-ownership, title insurance, and the rest of an estate plan.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Virginia:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: Va. Code § 64.2-621 et seq. Code of Virginia Title 64.2, Ch. 6, Art. 5 — Uniform Real Property Transfer on Death Act · adopted 2013.

Changing or revoking the deed

A Virginia TOD deed is revocable during the owner's lifetime regardless of any contrary language in the deed. The owner revokes by recording, before death and in the same circuit court land records, either a later TOD deed that revokes or changes the beneficiary, an express instrument of revocation, or a deed conveying the property to someone else. Consent of the named beneficiary is not required, and Virginia provides optional statutory forms for the deed and its revocation.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed transfers the property subject to all deeds of trust, mortgages, judgment liens, and other encumbrances in place at the transferor's death. The beneficiary takes title burdened by those obligations, and secured creditors retain their claims against the property.

Medicaid estate recovery

A TOD deed does not by itself defeat Medicaid estate recovery. Whether Virginia can recover against property that passes outside probate depends on how the Commonwealth defines the recoverable estate, so a beneficiary or owner who has received Medicaid long-term-care benefits should confirm current recovery rules with the Virginia Department of Medical Assistance Services before relying on the deed.

Community property

Virginia is a common-law (separate-property) state. Virginia is a common-law (separate-property) state, not a community-property state. Spouses own property by title, and a married owner's TOD deed conveys only that owner's interest. Property held by spouses as tenants by the entirety passes to the survivor by operation of law, which generally takes priority over a TOD designation.

State-specific quirks

Where to read next

• Virginia estate & inheritance tax — whether Virginia taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Virginia, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology