Do I Need a Transfer on Death Deed in Virginia?

A transfer on death deed in Virginia requires notary acknowledgment. The signed deed must be recorded at the circuit court clerk before death to be effective. 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.Va. Code 64.2-621 to 64.2-638Verified Aug 24, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in Virginia include: 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 death.Va. Code 64.2-621 to 64.2-638Verified Aug 24, 2026

Virginia allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.Va. Code 64.2-621 to 64.2-638Verified Aug 24, 2026

Yes. Virginia allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.Va. Code 64.2-621 to 64.2-638Verified Aug 24, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the Virginia probate calculator to estimate the cost of probating remaining assets.