For most Botetourt County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Botetourt County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Botetourt County home out of probate are a transfer-on-death deed recorded with the Clerk of the Circuit Court, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Botetourt County property passes through the Circuit Court — even simple Virginia probates run 6+ months. Virginia also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death deed names a beneficiary who receives Botetourt County property automatically at the owner's death, without probate. It is recorded with the Clerk of the Circuit Court during the owner's lifetime and can be revoked at any time.
Before recording, a Virginia transfer on death deed is signed with notary acknowledgmentVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source.
Deeds and other real property documents for Botetourt County are recorded with the Clerk of the Circuit Court at ODC Building, 5 West Main, 1st Floor, Fincastle, VA 24090. Phone: 1-540-473-8274. Hours: Monday-Friday 8:00 AM-4:00 PM (except holidays).
Documents submitted by mail go to P.O. Box 219, Fincastle, VA 24090.
The Clerk of the Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages. Recording a 2-page transfer on death deed in Botetourt County comes to $30, which is $26 in recording fees plus the $3 Open-Space Preservation Fee (Virginia Outdoors Foundation) and the $1 Land Book Transfer Fee. A transfer on death deed is exempt from transfer tax.
Botetourt County accepts electronic recording through CSC.
Recording Office Record
Botetourt County
Phone
Hours
Office
E-recording
Fax
Recording fees
| 1-10 pages | $26 |
| 11-30 pages | $40 |
| 31+ pages | $60 |
| Open-Space Preservation Fee (Virginia Outdoors Foundation)Applies to a TOD deed | $3 |
| Land Book Transfer FeeApplies to a TOD deed | $1 |
| Deed Processing FeeNot required for a TOD deed | $20 |
| Paper-Filing Fee (clerks offering electronic land-record filing) | Up to $5.00 per instrument |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Va. Code 17.1-275 (subdivision A 2), 17.1-279; add-ons at Va. Code 58.1-817, 58.1-3314(3), 17.1-258.3:1 and Appropriation Act Item 3-6.01
Verified October 17, 2026 · Source
FirmRoanoke, VA
Roanoke firm serving Southwest Virginia with a practice limited to estate planning and elder law. Handles estate and trust administration, probate, guardianship and conservatorship, asset protection, and Medicaid planning. Offers a free consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 2 more
FirmRoanoke, VA
Roanoke firm on Franklin Road serving the Roanoke and New River Valleys and the surrounding counties. Guides personal representatives through probate and estate administration — asset gathering, creditor notification, and distribution to heirs — and handles will contests, beneficiary-status determinations, and accounting disputes.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills Trusts
FirmRoanoke, VA
Roanoke firm serving clients throughout Southwest Virginia in estate, tax, trust, and elder law. Handles estate and trust administration, revocable living trusts and wills, special-needs trusts, guardianships, and fiduciary advising for executors and trustees. Partner Mark W. Dellinger was named a Virginia Super Lawyer in elder law.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
FirmSalem, VA
Salem firm on East Main Street serving the Roanoke Valley and western Virginia courts, with a practice limited to estate and trust work. Guides executors through probate and trustees through trust administration — marshalling assets, settling debts, and distributing to beneficiaries — plus guardianship and conservatorship appointments. Estate and trust administration is its sole focus.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 2 more
Solo PracticeLexington, VA
Lexington firm, with a second office in the Roanoke area, serving Rockbridge County and the greater Roanoke region. Focuses on probate-avoidance estate planning — revocable living trusts to hold and distribute assets privately — plus wills and trust administration. Offers a free 15-minute consultation.
PracticesEstate PlanningTrust AdministrationProbateTax PlanningWills Trusts
FirmDanville, VA
Danville firm serving Southside Virginia through the local circuit courts, with a second office in Lynchburg. Handles estate and trust administration, probate, guardianship and conservatorship, and Medicaid asset-protection planning for aging clients. Attorney Robert W. Haley is a Certified Elder Law Attorney, and the firm offers phone and video consultations.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Virginia statutes and official state code. How we research.
Free forms for planning your estate in Virginia: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Virginia.
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Virginia requires 2Va. Code Ann. § 54.1-2984Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredVa. Code Ann. § 54.1-2984Verified Oct 15, 2026View source.
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In Virginia, a transfer on death deed is signed before a notaryVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source, then recorded with the county before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. Virginia does not recognize a Lady Bird deed.
Virginia allows a transfer-on-death beneficiary designation on a vehicle titleVa. Code 46.2-633.2Verified Oct 21, 2026View source, filed through the Virginia Department of Motor Vehicles (DMV) using Form VSA 18.
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