What Is a Transfer on Death Deed in Virginia, and How Does It Work?
A transfer on death deed (TOD deed) allows a Virginia real estate owner to pass property directly to one or more named beneficiaries when they die — without the property being held up in probate.
In short, a TOD deed keeps control of the property with the owner during their lifetime while creating a clear, automatic transfer at death. For many Virginians, that combination makes it an attractive estate planning tool.
What is a Transfer on Death Deed in Virginia?
Under Virginia law, a TOD deed lets a property owner name one or more beneficiaries who will receive the property upon the owner’s death. The transfer happens automatically at death and does not require court involvement via the probate process.
Because the transfer occurs outside probate, beneficiaries typically receive the property faster and with fewer administrative costs than if the property passed through a will.
Does a Transfer on Death Deed avoid probate?
Yes. Property transferred through a properly executed TOD deed completely avoids probate.
That means the real estate does not become part of the property owner’s estate and does not require formal estate administration to pass to the beneficiaries. This can reduce delays, legal fees, and stress for surviving family members.
When must a TOD Deed be signed and recorded?
Although a TOD deed does not take effect until death, it must be executed and recorded during the owner’s lifetime.
In Virginia, the deed must be recorded in the circuit court clerk’s office for the county in which the property is located in order for the transfer to take effect upon the owner’s death. .
Does a TOD deed affect the owner’s rights during their lifetime?
Executing and recording a TOD deed does not limit or otherwise impact the owner’s rights and control over the property during their lifetime. The named beneficiary or beneficiaries in the TOD deed have no legal ownership interest in the property during the owner’s lifetime.
During their lifetime, the owner may still, for example:
- Sell the property,
- Obtain or refinance a mortgage on the property, or,
- Execute a subsequent TOD or other type of deed to different named
Can a transfer on death deed be revoked?
Yes. TOD deeds are freely revocable at any time before the owner’s death.
Virginia law recognizes specific methods of revocation, including:
- Recording a new TOD deed naming different beneficiaries, or,
- Recording a deed that expressly revokes the prior TOD
This flexibility allows property owners to easily adapt their estate plans as family circumstances, finances, or intentions change.
Is a transfer on death deed right for every estate plan?
Not always. While TOD deeds can be an efficient way to pass real estate, they may not be the best option for everyone’s estate plan, as each individual has their own unique goals and concerns in creating their estate plan. TOD deeds are just one of the many estate planning tools that can be used to transfer real property in Virginia.
That said, for many Virginia property owners, a TOD deed offers a straightforward way to transfer real estate while avoiding probate and maintaining full control during life.
If you are considering a Transfer on Death Deed, an estate planning attorney can help determine whether it fits your overall goals and ensure the deed is executed and recorded correctly.
To get started with your estate planning, an initial consultation is your next best step. Get your questions answered based on your unique situation. Click to request a time TODay or call us at (804) 593-0788.
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