Do I Need a Transfer on Death Deed in Virginia?

A transfer on death deed in Virginia requires notary acknowledgmentVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. The signed deed must be recorded at the circuit court clerk before death to take effectVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source. Must be recorded before the transferor's death in the land records of the clerk's office of the circuit court in the jurisdiction where the property is located. Indexed under transferor's name as grantor. Exempt from recordation tax unless for consideration (Va. Code 58.1-811(J)). No grantor's tax arises either: Va. Code 58.1-802 taxes a deed "by which lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in the purchaser," and a transfer on death deed made without consideration has neither a sale nor a purchaser. Va. Code 64.2-628.

Yes. A transfer on death deed is revocable at any time during the owner's life, and Virginia revokes one by: Recording a subsequent TOD deed that expressly revokes the prior deed; Recording a subsequent TOD deed naming an inconsistent beneficiary; Recording an instrument of revocation that expressly revokes the deed; Recording an inter vivos deed that conveys real property to another so the transferor is no longer the owner at the time of deathVa. Code 64.2-630Verified Oct 17, 2026View source. A will cannot revoke it.

Virginia allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial propertiesVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source.

Yes. Virginia allows multiple beneficiaries on a transfer on death deedVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.