Transfer on death deed in Virginia

Virginia at a glance

TOD deed for real estate

Yes

Name in Virginia law

Transfer on death deed (revocable)

Law

Va. Code §§ 64.2-621 to 64.2-638 (Uniform Real Property Transfer on Death Act)

Notary

Required

Witnesses

None

When to record

Before the death

Where to record

Land records of the circuit court clerk's office for the county or city where the property is located

After-death document

No specific filing named in the law

Notice to heirs

Not required

Official form

Yes

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Making a valid TOD deed in Virginia

• What the law does. An individual can sign and record a deed that passes Virginia real estate to named beneficiaries at death, without probate, and can revoke it any time before death.
• Signing. The owner signs; it must have the formalities of a recordable deed, and the statutory form uses a notary acknowledgment. Virginia's recording law also allows a deed to be proved by two witnesses before the clerk instead of a notary. Capacity is the same as for making a will. If the property is held by joint owners with survivorship, all joint owners must sign for it to work.
• Recording. It must be recorded before the owner dies or it has no effect. The statute sets no deadline after signing. It is indexed under the owner's name as grantor and is exempt from recordation tax unless given for consideration.
• Payment, delivery, acceptance. No payment, notice, delivery or acceptance by the beneficiary is needed.
• Form. Optional statutory TOD deed form (§ 64.2-635) and revocation form (§ 64.2-636).

Changing it, and who you can name

• Revoking or changing. Revoke or change it only by a later recorded TOD deed (express or naming different beneficiaries), a recorded instrument of revocation, or a deed selling/giving the property away; the revoking paper must be acknowledged after the original and recorded before death. Tearing up the deed does not revoke it. A will cannot revoke it (statute lists no will). Joint owners' deed is revoked only by all living joint owners. Divorce or annulment revokes a gift to the former spouse unless the deed says otherwise.
• Beneficiaries. Any 'person', including individuals, trusts, estates and entities. The statutory form allows an alternate beneficiary. A beneficiary must survive the owner or the gift lapses; co-beneficiaries take equal shares with no survivorship, and a lapsed share goes to the other co-beneficiaries.

After the owner dies

• Where. Clerk of the circuit court land records where the deed is recorded (if anything is recorded)
• Steps. Title passes automatically at death to the surviving beneficiary, subject to mortgages and liens, without warranty of title. The Virginia statute and the Virginia State Bar guide do not name any affidavit or document the beneficiary must record after death. A beneficiary may disclaim.

Debts, Medicaid and the spouse

• Creditors and Medicaid. If the probate estate is not enough, the property is liable for the owner's creditor claims, estate administration and funeral costs, and family/homestead/exempt-property allowances; claims must be brought within one year after death. Medicaid estate recovery: Virginia's regulation defines 'estate' as all property the person held or had any legal title or interest in at death (12VAC30-20-141); it does not mention TOD deeds by name.
• Surviving spouse. TOD deeds to non-spouses are counted in the augmented estate for a surviving spouse's elective share, and the deed is subject to family allowances, exempt property and homestead allowance if the probate estate is short.

Good to know in Virginia

• The deed does not affect the owner's or beneficiary's eligibility for public assistance while the owner lives (§ 64.2-631).
• If the owner is a joint owner survived by another joint owner, the property goes to the surviving joint owner, still subject to the TOD designation (§ 64.2-632(C)).
• 2025 c. 85 amended the revocation rule and form: an inter vivos deed that conveys the property away now revokes the TOD deed.
• Virginia law names no after-death affidavit or filing; ask the circuit court clerk what it needs.

Official pages

• Virginia TOD deed form
• Virginia statute
• Virginia self-help page
• No TOD deed or other plan? How Virginia handles a small estate without probate →

Sources

• Va. Code Title 64.2 Ch. 6 Art. 5 (full article) (read October 28, 2026)
• Va. Code § 64.2-628 Requirements (read October 28, 2026)
• Va. Code § 64.2-634 Creditor claims (read October 28, 2026)
• Va. Code § 64.2-635 Optional form (read October 28, 2026)
• Va. Code § 55.1-600 recording (acknowledged or proved by two witnesses) (read October 28, 2026)
• Va. Code Title 64.2 Ch. 3 Art. 1.1 (augmented estate) (read October 28, 2026)
• 12VAC30-20-141 Estate recoveries (DMAS) (read October 28, 2026)
• Virginia State Bar, The Basics of Virginia Transfer on Death Deeds (2025) (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.