Transfer On Death Deed Virginia Code
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FAQ
Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
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.
You must sign the deed and get your signature notarized, and then record (file) the deed with the circuit court clerk's office before your death. Otherwise, it won't be valid.
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.
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.