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Virginia Transfer on Death (TOD) Deed
Support GuideVirginia10 min read

Virginia Transfer on Death (TOD) Deed

A Virginia transfer on death deed (beneficiary deed) passes your home to a beneficiary outside probate, stays revocable, and must be recorded before death.

By Settled Editorial

A Virginia transfer on death deed lets you name who gets your house when you die, without sending the property through probate. You sign and record the deed now, keep full control of the home for the rest of your life, and the property passes to the person you named at your death. Virginia adopted this tool in the Uniform Real Property Transfer on Death Act, Va. Code §64.2-621 through §64.2-638.

A "beneficiary deed" is the same thing. Some states and form sites use that label, but in Virginia the statute calls it a transfer on death deed, often shortened to a TOD deed. This page explains how it works, how to record and revoke it, and the limits you need to know before you rely on one.

This guide pairs with the Virginia guide to avoiding probate. For the bigger picture on how a home moves after a death, see Virginia real estate after death. For accounts and other assets, see Virginia beneficiary designations.

What a TOD Deed Does

A transfer on death deed names a beneficiary who takes your real property when you die. While you are alive, the deed does nothing to the property. You still own it, you can sell it, refinance it, or change your mind. When you die, the property passes to the named beneficiary outside probate.

Virginia law authorizes this directly. Va. Code §64.2-624 says an individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. The deed is nontestamentary under Va. Code §64.2-626, which means it works on its own and does not run through the will.

FeatureHow it works in Virginia
What it transfersReal property (a house, land, a condo)
When it takes effectAt the owner's death, not before
ProbateThe property passes outside probate
Owner's control during lifeFull. You can sell, mortgage, or revoke
RevocableYes, always, even if the deed says otherwise

You Keep Full Control During Your Life

This is the part people worry about most. Recording a TOD deed does not hand any control to the beneficiary while you are alive.

Va. Code §64.2-631 is clear on this. During your life, a transfer on death deed does not affect your rights or the rights of any other owner, including the right to transfer or encumber the property. It does not create any legal or equitable interest for the beneficiary. The beneficiary has no claim, no say, and no ownership until you die.

In plain terms: you can still sell the home, take out a loan against it, give it away, or sign a new TOD deed naming someone else. The beneficiary cannot stop you. They learn what they will get only at your death, and only if the deed is still in place.

The capacity you need to sign or revoke a TOD deed is the same as the capacity to make a will, under Va. Code §64.2-627.

How To Record a TOD Deed in Virginia

A TOD deed only works if it is recorded before you die. Va. Code §64.2-628 lists the requirements. The deed must contain the elements of a recordable deed, must state that the transfer happens at the transferor's death, and must be recorded before the transferor's death in the land records where the property sits.

In Virginia you record with the Clerk of the Circuit Court in the county or independent city where the property is located. Virginia does not use a "Register of Deeds." Deeds and land records live with the Circuit Court Clerk.

The steps:

  1. Prepare the deed using the legal description from your current recorded deed, not just the street address.
  2. Name your beneficiary, and name an alternate if you want a backup.
  3. State that the transfer takes effect at your death.
  4. Sign and have the deed notarized, the same as any Virginia deed.
  5. Record it with the Clerk of the Circuit Court for the county or city where the property is, in that office's land records.
  6. Keep a copy with your estate papers and tell the beneficiary it exists.

A deed you sign but never record does nothing. A deed recorded the day before you die can still work. A deed recorded after you die does not work at all.

Virginia gives you a starting point for the document itself. Va. Code §64.2-635 provides an optional statutory form titled "Revocable Transfer on Death Deed," with blanks for the property, the beneficiary, and an alternate. Using the statutory form is not required, but it helps the deed match what the law expects.

How To Revoke a TOD Deed

A transfer on death deed is always revocable. Va. Code §64.2-625 makes the deed revocable even if the deed or another document says it is not. You cannot lock yourself in.

Revocation has a method, set out in Va. Code §64.2-630. You revoke by recording one of these before you die:

  • a new TOD deed that expressly revokes the old one or names a different beneficiary,
  • a separate revocation instrument that expressly revokes the deed, or
  • an inter vivos deed that transfers the property to someone else.

The statute says you cannot revoke a TOD deed by a physical act. Tearing it up or burning a copy does nothing. Revocation has to be recorded before death to count. If the property has joint owners, the rules require the living owners to act together to revoke.

Because the will does not control a TOD deed, changing your will does not change the deed. If your plans change, record a new deed or a recorded revocation.

The Limits You Need To Know

A TOD deed is a clean tool, but it does not erase debts or beat every other rule.

The beneficiary takes the property subject to liens. Va. Code §64.2-632 says the property vests in the beneficiary at your death in accordance with the deed, and the beneficiary takes it subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests the property is subject to at your death. A mortgage does not disappear. If there is a loan on the house, the beneficiary inherits the house and the loan.

It does not stop Medicaid estate recovery. Virginia's Medicaid estate recovery program can seek repayment from property that passes by a TOD deed. This is not a theoretical risk. Anyone who has received, or may receive, long-term-care Medicaid should consult an elder law attorney before recording a TOD deed, because the deed may not provide the protection they expect.

A TOD-deed beneficiary may have to contribute toward unpaid estate debts. If the probate estate cannot cover valid creditor claims, a TOD-deed beneficiary may be required to contribute toward those debts under Va. Code §64.2-634. Passing outside probate does not automatically put the property beyond estate creditors.

It only moves the named property. A TOD deed covers the real property described in it. It does not handle bank accounts, vehicles, or personal property. For those, see Virginia beneficiary designations and the Virginia probate overview.

It can collide with other plans. A TOD deed naming one child while the will splits the estate among several can create conflict, an unintended result, or a basis to challenge the plan. So can a TOD deed on a home you later put in a trust. Coordinate the deed with the rest of your plan.

When a TOD Deed Fits, and When It Does Not

A TOD deed often fits when:

  • you own a home in your sole name and want one person to get it,
  • you want to skip probate on the house without setting up a trust,
  • you want to keep full control and the ability to change your mind, and
  • the title is clean and the plan is simple.

Look at other options when:

  • the property has co-owners and survivorship language may already handle it,
  • multiple people should share the home in shifting proportions,
  • Medicaid, creditor, blended-family, or tax issues are in play,
  • the home is already in or headed for a living trust, or
  • you want one plan to cover real estate, accounts, and personal property together.

In those cases, compare paths in the guide to avoiding probate in Virginia and consider a revocable living trust.

Quick Checklist

  1. Confirm you own the property in a form that a TOD deed can transfer.
  2. Pull your current recorded deed for the exact legal description.
  3. Name a beneficiary and, ideally, an alternate.
  4. Use or follow the §64.2-635 statutory form and sign before a notary.
  5. Record the deed with the Clerk of the Circuit Court where the property is, before death.
  6. Keep a copy and tell the beneficiary it exists.
  7. Remember the property still carries any mortgage or lien.
  8. Revisit the deed if your plans, your family, or your property changes.

A Virginia TOD deed is a real legal document with real effects. Have a Virginia attorney review the deed before you rely on it. An undetected drafting error can silently defeat the transfer at death. This matters most around Medicaid, liens, co-owners, or a blended family. The cost of getting the deed right is small next to the cost of fixing a bad transfer after a death.

This guide is general information, not legal advice. Statutes and local recording practice change. Confirm the current law and your recording steps with the Clerk of the Circuit Court where the property is located, and have a Virginia attorney review the deed before you rely on it.

This guide is general information about Virginia estates. It is not legal advice. Confirm anything that affects your situation with the Clerk of the Circuit Court, the Commissioner of Accounts, or a licensed Virginia attorney.

Sources

Information current as of June 9, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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