Virginia · Code §§64.2-621–64.2-636Virginia transfer on death deeds: the rules and what they mean for a sale

Virginia adopted the Uniform Real Property Transfer on Death Act, so an individual may transfer real property to one or more beneficiaries effective at death by a transfer on death deed (Code of Virginia §64.2-624). The deed must have the elements of a recordable deed, state that the transfer happens at the transferor's death, be recorded before death in the circuit court land records where the property is, and – for property held by joint owners – be signed by all of them; unless the transfer is for consideration, it's exempt from recordation tax under §58.1-811(J) (§64.2-628). No notice, delivery, acceptance or consideration is needed (§64.2-629). It's revocable even if it says otherwise (§64.2-625), but only by a later recorded instrument – a new transfer on death deed, an instrument of revocation, or an inter vivos deed conveying the property – acknowledged after the deed being revoked and recorded before death; revocation by act isn't permitted (§64.2-630). During the owner's life the deed doesn't affect the owner's right to transfer or encumber the property and gives the beneficiary no interest (§64.2-631), so an owner can sell with a normal deed – and that sale revokes the transfer on death deed as to the property. At death, the property vests in a beneficiary who survives the transferor, subject to all mortgages, liens and other interests, and without covenant or warranty of title; a divorce or annulment revokes a transfer to the former spouse unless the deed says otherwise (§64.2-632). If the probate estate is inadequate, the property is liable for the transferor's creditor claims, administration and funeral costs and family allowances, and a proceeding to enforce that must start within one year after death (§64.2-634).