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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.
Invalidation and Probate The transfer on the death deed is rendered ineffective if the designated recipient passes away before the property owner. This could cause the property to enter probate without adequate planning or execution, negating the goal of using a transfer on the death deed to avoid probate.
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.
The most important benefit of a TOD account is simplicity. Estate planning can help minimize the legal mess left after you die. Without it, the probate system can take over the distribution of your assets. It can also name an executor of your estate and pay off your remaining debts with your assets.
The way it differs from a TOD deed is that a living trust can be used for any type of asset, not just real estate. So if you have stocks, savings accounts, valuable belongings, or other assets that you want to transfer to someone after your death, a living trust is a way to do it.