Virginia Transfer on Death Deed Form – Downloadable Beneficiary Deed Template 

.Avoid Probate in Virginia with a Simple Transfer on Death Deed

Looking for a Virginia Transfer on Death Deed form? Our downloadable Virginia TOD deed template provides a straightforward way to transfer real estate to your beneficiaries without going through probate court.

Download Your Virginia TOD Deed Template Now - $18

What is a Virginia Transfer on Death Deed?

A Virginia Transfer on Death Deed (also called a Virginia TOD deed or VA beneficiary deed) is a legal document that allows Virginia property owners to name beneficiaries who will automatically inherit their real estate upon death—without the time, expense, and complexity of probate.

Why Choose Our Virginia TOD Deed Template?

✔ Instant Download – Get immediate access to your Virginia Transfer on Death Deed PDF
✔ Multiple Formats – Available as editable MS Word, fillable PDF, and Google Doc
✔ Easy to Use – Includes step-by-step instructions for completing your deed
✔ Legally Compliant – Formatted to meet Virginia Code § 64.2-621 requirements
✔ Affordable – Just $18 for complete access to all formats

What's Included in Your Purchase:

• Virginia Transfer on Death Deed form (Word, PDF, and Google Doc formats)

• Editable Virginia TOD deed template you can customize

• Fillable VA TOD deed PDF for easy completion

• Step-by-step instructions for proper execution

• Recording guidelines for Virginia cities and counties

• Access to our organized course platform with all templates

Benefits of a Virginia Transfer on Death Deed:

Avoid Probate – Your property transfers directly to your named beneficiaries without court involvement

Retain Full Control – You maintain complete ownership and can sell, mortgage, or revoke the deed at any time during your lifetime

No Gift Tax – Since the transfer doesn't occur until death, there are no gift tax consequences

Simple & Affordable – Much less expensive than setting up a trust or going through probate

Flexibility – Easy to revoke or modify if your circumstances change

Privacy – Unlike a will, TOD deeds don't become public record during probate

Cost Savings – Avoid thousands of dollars in probate attorney fees and court costs

Medicaid Planning – Can help protect assets while maintaining eligibility in some cases

How Does a Virginia TOD Deed Work?

1. Complete the Form – Fill out our Virginia Transfer on Death Deed template with your property information and beneficiary details

2. Sign Before a Notary – The deed must be notarized (notary services not included)

3. Record the Deed – File with your Circuit Court Clerk's office before your death

4. Maintain Control – You retain all ownership rights during your lifetime

5. Automatic Transfer – Upon your death, property passes directly to your named beneficiaries

Virginia TOD Deed Requirements:

• Must be recorded with the Circuit Court Clerk in the locality where the property is located

• Must be recorded before the owner's death (cannot be recorded after death)

• Must be notarized

• Must contain the legal description of the property

• Must include the property's GPIN (tax map parcel number)

• Must clearly identify the beneficiary(ies) with full names

• Must include the proper statutory language per Virginia Code § 64.2-621

• Must state "This deed transfers an interest in real property to the grantee beneficiary upon the death of the owner" or substantially similar language

• Must comply with Virginia's formatting and margin requirements

• Requires preparer statement (preparer's name and address)

• Recordation tax applies at time of recording

Who Should Use a Virginia Transfer on Death Deed?

Our Virginia TOD deed form is ideal for:

• Homeowners who want to avoid probate

• Property owners with straightforward estate plans

• Individuals looking for an affordable alternative to trusts

• Those who want to maintain control of their property during their lifetime

• Families seeking to simplify the inheritance process

• Coastal property and vacation home owners

• Retirees planning their estate distribution

• Those concerned about Medicaid estate recovery

Download Your Virginia TOD Deed Template Today

Get instant access to your Virginia Transfer on Death Deed form download for just $18. Available in editable Word format, fillable PDF, and Google Docs for maximum convenience.

Get Instant Access - $18

Frequently Asked Questions

Q: Is a Virginia Transfer on Death Deed valid?
A: Yes, Virginia officially recognizes Transfer on Death Deeds under Virginia Code § 64.2-621 et seq., effective since July 1, 2013.

Q: Can I change or revoke my Virginia TOD deed?
A: Absolutely. You can revoke or modify your TOD deed at any time during your lifetime by recording a revocation or new deed with the Circuit Court Clerk.

Q: Does a Virginia TOD deed affect Medicaid eligibility?
A: Generally, TOD deeds do not affect Medicaid eligibility since you retain ownership during your lifetime. However, Virginia has Medicaid estate recovery rules, so consult with an elder law attorney for your specific situation.

Q: Do I need an attorney to complete a Virginia Transfer on Death Deed?
A: While not required, you may wish to consult an attorney for complex situations. Our downloadable Virginia TOD deed template includes instructions for straightforward transfers.

Q: Can I name multiple beneficiaries on a Virginia TOD deed?
A: Yes, you can name multiple beneficiaries and specify whether they receive equal shares or different percentages. You can also name alternate beneficiaries.

Q: What happens if my beneficiary dies before me?
A: If a beneficiary dies before you, their share typically goes to the surviving beneficiaries unless you've named alternate beneficiaries. It's best to update your deed if circumstances change.

Q: How much does it cost to record a Virginia TOD deed?
A: Recording fees vary by locality, typically ranging from $30-$50. You'll also pay Virginia recordation tax of 0.25% of the property value at the time of recording.

Q: Do beneficiaries need to do anything after my death?
A: Yes, beneficiaries must record an affidavit of death and provide a certified copy of the death certificate to complete the transfer. Our instructions include guidance on this process.

Q: Will a Virginia TOD deed work if I have a mortgage?
A: Yes, the TOD deed doesn't affect your mortgage. However, beneficiaries will inherit the property subject to any existing liens or mortgages.

Q: Can married couples use a Virginia TOD deed?
A: Yes, married couples can create a joint TOD deed. Both spouses must sign if the property is held jointly or as tenants by the entirety.

Multiple Format Options

Editable Word Document – Fully customizable Virginia TOD deed template in MS Word format

Fillable PDF – Complete your Virginia Transfer on Death Deed PDF digitally

Google Docs – Cloud-based access to edit your VA TOD deed form from anywhere

Virginia TOD Deed vs. Living Trust

Transfer on Death Deed:

• Simple, one-time recording

• Costs $18 + recording fee + recordation tax

• Easy to revoke or modify

• Only covers one property per deed

• Remains revocable until death

• Public record once recorded

Living Trust:

• More complex setup

• Attorney fees typically $1,500-$3,500+

• Can cover multiple assets

• Ongoing management required

• Provides more comprehensive planning

• Private document

For single-property owners, a Virginia TOD deed is often the most cost-effective probate-avoidance solution.

💡 Need Professional Help?

If you'd prefer expert assistance with your property transfer, you can upgrade to our complete deed preparation service at any time—and we'll credit back the full $18 cost of this template toward your service fee.

Serving All Virginia Localities

Our Virginia Transfer on Death Deed form is valid in all 95 Virginia counties and 38 independent cities, including:

Northern Virginia:

• Fairfax County

• Prince William County

• Loudoun County

• Arlington County

• Alexandria City

• Stafford County

• Spotsylvania County

• Manassas City

• Fredericksburg City

Hampton Roads / Tidewater:

• Virginia Beach City

• Norfolk City

• Chesapeake City

• Newport News City

• Hampton City

• Portsmouth City

• Suffolk City

Richmond Metro:

• Henrico County

• Chesterfield County

• Hanover County

• Richmond City

Central Virginia:

• Albemarle County

• Charlottesville City

• Culpeper County

• Orange County

• Fluvanna County

Southwest Virginia:

• Roanoke County

• Roanoke City

• Montgomery County

• Blacksburg

• Salem City

Shenandoah Valley:

• Augusta County

• Rockingham County

• Harrisonburg City

• Staunton City

• Winchester City

• Waynesboro City

And all other Virginia counties and independent cities

Important Virginia-Specific Considerations

Joint Ownership – If property is owned by multiple people, all owners must sign the TOD deed to designate beneficiaries.

Medicaid Recovery – Virginia has a Medicaid estate recovery program. Consult with an elder law attorney if you've received long-term care assistance.

Property Tax – Generally no property tax reassessment upon inheritance in most Virginia localities, but beneficiaries should verify with their local assessor.

Recording Timing – The TOD deed must be recorded BEFORE death to be valid. It cannot be recorded after the owner passes away.

Statutory Language Required – Virginia requires specific language stating the deed transfers property at death.

Recordation Tax at Recording – Virginia charges 0.25% recordation tax based on property value when you record the TOD deed (not at death).

No Grantor's Tax at Recording – State and local grantor's taxes do not apply when recording a TOD deed (only recordation tax).

Multiple Properties – Each property requires a separate TOD deed.

Step-by-Step Process Included

Our comprehensive instructions guide you through:

1. Determining if a TOD deed is right for your situation

2. Gathering required property information and GPIN

3. Completing the Virginia TOD deed form

4. Choosing and naming beneficiaries (primary and alternate)

5. Properly executing the document

6. Understanding Virginia notarization requirements

7. Including required preparer statement

8. Calculating recordation tax

9. Filing with your Circuit Court Clerk

10. What beneficiaries need to do after your death

11. How to revoke or modify the deed if needed

Tax Considerations for Virginia TOD Deeds

Recordation Tax at Recording:

• Rate: $0.25 per $100 of property value (0.25%)

• Paid when TOD deed is recorded

• Based on fair market value of property

• Required even though no immediate transfer occurs

No Grantor's Tax at Recording:

• State grantor's tax does NOT apply to TOD deeds

• Local grantor's tax does NOT apply to TOD deeds

• Saves money compared to immediate transfers

Transfer Taxes at Death:

• When owner dies and property transfers, no additional state transfer taxes

• Property passes to beneficiaries with minimal costs

Federal Estate Tax – Federal exemption is over $13 million per person (2024), indexed for inflation

Property Tax – Generally no property tax reassessment upon inheritance in most Virginia localities

Capital Gains – Beneficiaries receive a "step-up" in basis to fair market value at date of death, minimizing capital gains tax

Gift Tax – No gift tax consequences since transfer occurs at death, not during lifetime

Virginia Estate Tax – Virginia has no state estate tax (repealed in 2007)

Consult a tax professional or estate planning attorney for advice specific to your situation

What Makes Our Virginia TOD Deed Template Different?

✓ Virginia-Specific – Complies with all Virginia Code § 64.2-621 requirements
✓ Statutory Language – Includes required transfer-at-death language
✓ Proper Formatting – Meets Virginia's recording standards
✓ Up-to-Date – Reflects current Virginia law
✓ Professionally Drafted – Created by legal document preparation experts
✓ Easy to Customize – Clear blanks for your specific information
✓ Preparer Statement – Includes required preparer information
✓ Tax Guidance – Instructions for calculating recordation tax
✓ Detailed Instructions – Step-by-step guidance included
✓ Multiple Formats – Work in the format that suits you best
✓ Instant Access – Download immediately after purchase

Common Mistakes to Avoid

❌ Not recording before death – The deed must be recorded while you're alive
❌ Incomplete legal description – Must match your current deed exactly
❌ Missing GPIN (tax map parcel number) – Required in Virginia
❌ Omitting statutory language – Must include required transfer-at-death language
❌ Missing preparer statement – Required by Virginia law
❌ Missing notarization – Required for recording
❌ Not all joint owners signing – All owners must sign if jointly owned
❌ Forgetting about mortgages – Beneficiaries inherit subject to loans
❌ Not updating after life changes – Review and update as circumstances change
❌ Not paying recordation tax – Required at time of recording
❌ Using for multiple properties – Each property needs its own deed

Our Virginia Transfer on Death Deed template includes detailed instructions to help you avoid these common pitfalls.

Understanding Virginia TOD Deed Beneficiary Options

When naming beneficiaries on your Virginia TOD deed, you can specify:

Equal Shares – All beneficiaries receive equal portions

Unequal Shares – Specify different percentages for each beneficiary

Tenants in Common – Default option; beneficiaries own separate shares

Joint Tenants with Right of Survivorship – Can specify if desired

Alternate Beneficiaries – Name backup beneficiaries in case primary beneficiaries predecease you

Per Stirpes Distribution – If a beneficiary dies before you, their share goes to their descendants

Our template allows you to customize these options based on your estate planning goals.

Revoking a Virginia TOD Deed

You can revoke your Virginia TOD deed at any time by:

1. Recording a Revocation Instrument – File a formal revocation with the Circuit Court Clerk

2. Recording a New TOD Deed – A later TOD deed revokes an earlier one for that property

3. Selling or Transferring the Property – Automatically revokes the TOD deed

4. Recording a Deed Without TOD Language – Transfers property and revokes TOD designation

All revocations must be recorded before your death to be effective. Our package includes guidance on revocation procedures.

What Happens After the Owner's Death?

When the owner passes away, beneficiaries must:

1. Obtain Certified Death Certificate – Get multiple copies from Virginia vital records

2. Prepare Affidavit of Death – Document that confirms the owner has died (specific Virginia form)

3. Gather Supporting Documents – May need will or other estate documents

4. Record Documents – File affidavit and death certificate with Circuit Court Clerk

5. Complete Transfer – Property title transfers to beneficiaries

6. Pay Any Liens – Address existing mortgages or property taxes

7. Update Property Tax Records – Notify local commissioner of the revenue of ownership change

The transfer is typically completed within a few weeks, compared to 6-18 months for probate.

Our instructions include detailed post-death procedures for beneficiaries.

Virginia Coastal and Rural Property Considerations

Virginia's TOD deeds are especially popular for:

Virginia Beach Properties – Oceanfront and resort properties

Eastern Shore Properties – Barrier islands and waterfront homes

Northern Neck Properties – Chesapeake Bay waterfront

Shenandoah Valley Properties – Mountain and valley homes

Blue Ridge Properties – Mountain retreats and vacation homes

Lake Anna Properties – Lakefront and recreational properties

Smith Mountain Lake Properties – Popular vacation destination

Farm and Rural Land – Agricultural properties throughout Virginia

Joint Tenancy and Virginia TOD Deeds

Important: If you own property as joint tenants with right of survivorship:

• The property automatically passes to surviving joint tenant(s) at your death

• Your TOD deed only takes effect if you're the last surviving owner

• All joint tenants should sign the TOD deed to designate beneficiaries

• Alternatively, convert to tenancy in common first, then use TOD deeds

Our instructions explain these nuances in detail.

Virginia's Tenancy by the Entirety and TOD Deeds

Virginia recognizes tenancy by the entirety for married couples. If you hold property this way:

• Both spouses must sign the TOD deed

• Property has automatic right of survivorship between spouses

• Strong creditor protection during life

• TOD deed specifies what happens when both spouses are deceased

• Provides both probate avoidance and asset protection

This combination is especially powerful in Virginia.

Virginia's Independent Cities and TOD Deeds

Virginia's unique independent cities system requires attention:

Important Recording Considerations:

• Independent cities are separate from counties

• Must record in the correct city or county

• Example: Fairfax City ≠ Fairfax County

• Example: Alexandria City ≠ Arlington County

Each has its own Circuit Court Clerk:

• Virginia Beach City Clerk

• Norfolk City Clerk

• Richmond City Clerk

• Etc.

Always verify your property's exact locality before recording.

Recordation Tax Calculation Examples

Understanding Virginia recordation tax for TOD deeds:

Example 1: $250,000 Home

• Fair market value: $250,000

• Recordation tax: $250,000 ÷ 100 = 2,500 × $0.25 = $625

• Recording fee: ~$40

• Total at recording: ~$665

Example 2: $500,000 Home

• Fair market value: $500,000

• Recordation tax: $500,000 ÷ 100 = 5,000 × $0.25 = $1,250

• Recording fee: ~$40

• Total at recording: ~$1,290

Note: No grantor's tax applies at recording of TOD deed, saving 0.1% state plus any local grantor's taxes.

Virginia Circuit Court Clerk Offices

Each Virginia county and independent city has a Circuit Court Clerk office that handles:

• Recording TOD deeds and all land records

• Collecting recordation taxes

• Maintaining property records

• Providing copies of recorded documents

• Recording liens and releases

Many Virginia localities now offer online land record searches, though recording typically requires in-person or mail submission.

Northern Virginia TOD Deed Advantages

No Local Grantor's Tax at Recording:

Even in localities with additional local grantor's taxes (Fairfax County, Arlington County, Alexandria City), these taxes do NOT apply when recording a TOD deed:

Fairfax County Example ($400,000 home):

• Regular deed transfer taxes: ~$2,720

• TOD deed recordation tax only: ~$1,000

• Savings at recording: ~$1,720

This makes TOD deeds especially attractive in Northern Virginia's high-value market.

Virginia's Preparer Statement Requirement

Virginia law requires all deeds to include a preparer statement:

Required Information:

• Name of person who prepared the deed

• Address of preparer

• Usually appears at bottom of deed

Who is the preparer:

• The person who actually drafted/typed the deed

• Can be the owner if self-prepared

• Must be accurately stated

• Required by Virginia Code

Our template includes a space for this required information.

Understanding Virginia's GPIN System

Virginia uses GPIN (Geographic Property Identification Number):

What is a GPIN:

• Also called tax map parcel number

• Unique identifier for each property

• Essential for recording any deed

• Format varies by locality

Where to find GPIN:

• Your current deed

• Property tax bill

• Local assessor's website

• GIS mapping systems

Always include the GPIN on your Virginia TOD deed.

Virginia TOD Deeds and Life Estates

Important consideration:

If you've retained only a life estate in property:

• You cannot use a TOD deed (requires full fee simple ownership)

• The remainder interest holder has the future interest

• Different estate planning tools needed

If you have fee simple ownership:

• You can use a TOD deed

• Most homeowners have fee simple ownership

Our materials help you identify your ownership type.

Additional Virginia Real Estate Forms Available

Need other Virginia property forms? We also offer:

• Virginia Quitclaim Deeds – Quick transfers between trusted parties

Why Virginia's TOD Deed Law Is Excellent

Virginia's TOD deed statute is well-designed:

✓ Clear statutory authority since 2013 ✓ Simple execution – just notarization required ✓ Easy revocation process ✓ No state estate tax in Virginia ✓ Generally preserves property tax basis ✓ Compatible with tenancy by the entirety ✓ Widely accepted by title companies ✓ Simple for beneficiaries to complete transfer ✓ Works with all types of real property ✓ No grantor's tax at recording saves money

Ready to Avoid Probate in Virginia?

Download your Virginia Transfer on Death Deed form today and take control of your estate planning. For just $18, you'll have everything you need to transfer your Virginia property to your loved ones without the hassle and expense of probate!

Get Instant Access - $18

Perfect for All Virginia Property Owners

Whether you own property in:

• Northern Virginia (Fairfax, Loudoun, Prince William, Arlington)

• Hampton Roads/Tidewater (Virginia Beach, Norfolk, Chesapeake)

• Richmond metro area

• Charlottesville and Central Virginia

• Roanoke and Southwest Virginia

• Shenandoah Valley

• Rural Virginia counties

• Coastal Virginia

Our Virginia TOD deed template provides an affordable, effective way to avoid probate and ensure your property passes smoothly to your chosen beneficiaries—while saving on grantor's taxes at recording.

Download Your Virginia TOD Deed Template Now - $18

Legal Disclaimer

These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances.

Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.

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