What Do I Need to Sign My TOD Deed in Virginia?
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.
No. Virginia does not require witnesses for a TOD deedVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source.
Yes. Virginia requires notarization for a TOD deed to be validVa. Code 64.2-621 to 64.2-638Verified Oct 19, 2026View source.
Yes. A TOD deed can be executed entirely remotely in Virginia: the signing happens in a live video session with an online notary, with no witnesses in the sessionVa. Code § 47.1-2Verified Sep 10, 2026View source.
To execute a TOD deed in Virginia: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Circuit Court Clerk. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a Virginia TOD deed recorded in the Virginia county where the property sits. A TOD deed signed in another state cannot transfer Virginia real property, however it was executed; real estate in more than one state needs a deed for each parcel. The Virginia document portability tool carries the recognition rule by document type.
Is this your situation?
Get a complete guide for your specific circumstances.
Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn more
Moving to a New State
State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreForms for Planning Your Estate in Virginia
Free forms for planning your estate in Virginia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Virginia, a will is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-403Verified Oct 19, 2026View source.
Codicil to a Will
In Virginia, a codicil is signed before 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyVa. Code § 64.2-452Verified Oct 25, 2026View source.
Healthcare Power of Attorney
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.
HIPAA Release
In Virginia, a HIPAA release is the federal authorization alone: the state adds no category rule, and the document carries the elements federal law requires, among them an expiration date or an expiration event that relates to the individual45 CFR 164.508(c)(1)(v)Verified Oct 21, 2026View source.
Financial Power of Attorney
Virginia treats a power of attorney as durable by defaultVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source, and it is signed with no witness or notary requirementVa. Code §§ 64.2-1600 through 64.2-1642Verified Oct 21, 2026View source.
Transfer on Death Deed
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.
Vehicle Transfer on Death
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.
Living Will
In Virginia, the living will is the Advance Medical DirectiveVa. Code Title 54.1, Ch. 29, Art. 8 (Health Care Decisions Act), §§ 54.1-2981 to 54.1-2993.1; Art. 9 (Advance Health Care Planning Registry), §§ 54.1-2994 to 54.1-2996Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Virginia
Free tools for planning your estate in Virginia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
Virginia has no statute recognizing a will by the law of the place where it was signedVa. Code § 64.2-407Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2Va. Code § 64.2-403Verified Oct 19, 2026View source witnesses, and notarization is not requiredVa. Code § 64.2-403Verified Oct 19, 2026View source.
Trust or Will: Which Costs Less?
In Virginia, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Virginia runs $3,770Estimate: 10 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,655Estimate: 15 hours at $377, Clio's Virginia Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Virginia runs $1,311Estimate: 3 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,622Estimate: 6 hours at $437, Clio's Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $29,411Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage)Verified Sep 9, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Virginia, a parent names a guardian for a minor child in a willVa. Code §§ 64.2-1701, 64.2-1702Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Va. Code § 1-204Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2.5%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 3.9%Modeled estimate under Va. Code §§ 64.2-105(B)(12) (fiduciary employs and compensates counsel), 64.2-1208(A) (commissioner of accounts allows reasonable expenses; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
Virginia authorizes transfer on death deedsVa. Code 64.2-621 to 64.2-638Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
When you're ready, we're here.
Virginia Estate Planning Resources
In-depth guides covering Virginia probate laws, trust requirements, and estate planning strategies.