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Virginia residents who own real estate property can use a transfer on death deed (TODD) to automatically transfer property directly to beneficiaries upon the owner's death. This can be a good estate planning strategy , especially for those whose primary asset is their house and they do not have much other property.
Transferring Real Estate After Death in Virginia After you pass away, title to any real estate you own solely in your own name ?drops like a rock? (as it is said in Virginia) to your heirs, testate or intestate, immediately.
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.
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.