For most Roanoke City 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 Roanoke City 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 Roanoke City home out of probate are a transfer-on-death deed recorded with the Clerk of Circuit Court, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Roanoke City 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 Roanoke City property automatically at the owner's death, without probate. It is recorded with the Clerk of 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 Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathVa. Code 64.2-621 to 64.2-638Verified Aug 24, 2026View source.
Deeds and other real property documents for Roanoke City are recorded with the Clerk of Circuit Court, led by Clerk Brenda S. Hamilton, at 315 West Church Avenue, Roanoke, VA 24010. Phone: 540-853-6702. Hours: 8:00AM - 4:00PM.
The Clerk of Circuit Court charges $26 for 1-10 pages, $40 for 11-30 pages, $60 for 31+ pages. A 2-page transfer on death deed is $29 in recording fees plus the $3 Open-Space Preservation Fee (Virginia Outdoors Foundation), before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.
Roanoke City accepts electronic recording through CSC, Simplifile.
Recording Office Record
Roanoke City · Clerk · Brenda S. Hamilton
Address
Phone
Fax
Hours
E-recording
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 FeeRequired with most deeds | $1 |
| Deed Processing Fee | $20 |
| Paper-Filing Fee (clerks offering electronic land-record filing) | Up to $5.00 per instrument |
| Transfer tax on a TOD deed | Exempt |
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 2002-2010 Appropriations Act Sec. 3-6.01
Verified September 9, 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 AdministrationElder LawSpecial Needs Planningand 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 PlanningEstate AdministrationTrust AdministrationProbate Litigationand 2 more
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 AdministrationElder LawTax Planningand 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 PlanningEstate AdministrationTrust AdministrationConservatorshipand 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 AdministrationTax PlanningProbate AdministrationWills 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 AdministrationElder LawConservatorshipand 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.
Estate planning articles for Virginia.
Forms and tools for property owners in Roanoke City.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for Virginia.
