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Transfer on Death Deed Laws in Virginia

Virginia allows transfer on death deeds under the Uniform Real Property Transfer on Death Act, and the deed must be recorded in the circuit court clerk's land records before the owner's death.

Last checked . General information, not legal advice.

Virginia at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes
Va. Code 64.2-621 and following.
Recording rule
Before the owner's death
Recorded in the land records of the circuit court clerk where the property is located; exempt from recordation tax unless given for consideration.

Sources

Last checked

The rules in Virginia

Does Virginia allow transfer on death deeds for real estate?

Yes. TOD deed allowed in Virginia: yes.

Has Virginia adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in Virginia: yes. Va. Code 64.2-621 and following.

When must a transfer on death deed be recorded in Virginia?

Recording rule in Virginia: Before the owner's death. Recorded in the land records of the circuit court clerk where the property is located; exempt from recordation tax unless given for consideration.

Where do the Virginia transfer on death deed laws come from?

The rules above come from Va. Code 64.2-628. Each source is linked on this page. We last checked them in October 2026.

Good to know

Since a 2022 amendment (2022, c. 309), the act's definition covers a deed or a conveyance of a cooperative interest.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.