A Virginia transfer on death deed is a legal document completed by a real estate owner during their lifetime to immediately transfer their property to a beneficiary when they pass away. This document allows a decedent’s title to be transferred without probate or a will, both of which would involve court administration and additional expenditure.
A transfer on death deed does not affect the owner’s right to convey the property to another party and can be revoked by the owner filing a revocatory instrument. Once the deed takes effect, the named beneficiary will inherit the property, subject to all outstanding encumbrances, debts, and obligations at the time of death.
- Statutes: Title 55.1, Chapters 1 – 11 (Property and Conveyances) and Title 64.2, Chapters 6, Article 5 (Uniform Real Property Transfer on Death Act)
- Formatting: § 17.1-223, § 55.1-300, § 55.1-604. Filings may be subject to local requirements in certain counties (see Fairfax County).
- Signing Requirements (§ 55.1-600 & § 55.1-612): Notary Public/Clerk of Court or Two (2) Witnesses
- Where to Record: County Circuit Court Clerk
- Recording Fees (§ 17.1-275(2)):
- $18 for documents of ten (10) or less pages, $32 for documents of eleven (11) to thirty (30) pages, and $52 for documents of thirty-one pages or more.
- Virginia Deed Fees and Taxes Calculator
- Cover Sheet (§ 17.1-227.1): A cover sheet may be required in certain counties.