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In Virginia, an owner of real property can transfer their ownership interest to one or more beneficiaries, effective upon their death, through a Transfer on Death Deed (?TOD Deed?). TOD Deeds automatically transfer ownership of the subject property directly to the designated beneficiaries upon the owner's death.
Virginia provides its residents with a unique tool to avoid having to probate real property (land or houses etc.) at someone's death. A revocable transfer on death (TOD) deed allows an individual to name a beneficiary, who will receive the person's real property when the individual dies.
The Transfer on Death Deed must: Be in writing, signed by the owner, and notarized, Have a legal description of the property (The description is found on the deed to the property or in the deed records. ... Have the name and address of one or more beneficiaries, State that the transfer will happen at the owner's death,
To be valid, a transfer on death deed must follow the form prescribed by Virginia law. This means, among other things, that it must be dated, signed by the property owner, and notarized. In addition, a TODD must be recorded in the land records of the clerk's office of the circuit court where the real estate is located.
Effective September 1, 2015, Texas joined the growing number of states that allow owners of real estate to transfer property to their beneficiaries outside the probate process by creating the Texas Transfer on Death Deed. The deed works like a beneficiary designation on a retirement plan or an insurance policy.