The House That Skips Probate
Va. Code 64.2-628 — recorded before death, signed by every joint owner, and exempt from recordation tax
In Virginia, a transfer on death deed contains the essential elements and formalities of a recordable deed, states that the transfer is to occur at the transferor's death, and is recorded before that death in the land records of the circuit court clerk where the property is located.
- For jointly owned property, it is executed by all joint owners.
- Unless it is for consideration, it is exempt from recordation tax.
- No notice, delivery or acceptance by the beneficiary during life is needed, and no consideration.
Revoking it. Only a later transfer on death deed that revokes it or names an inconsistent beneficiary, an instrument of revocation, or a deed conveying the property away, acknowledged after the original and recorded before the transferor's death. A joint owners' deed is revoked only by all living joint owners.
At death. The interest vests in a beneficiary who survives the transferor; two or more take equal shares without survivorship. A divorce or annulment revokes a transfer to a former spouse unless the deed says otherwise, and the beneficiary takes subject to mortgages, liens and other interests.
Creditor claims, the beneficiary's disclaimer and the statutory forms are not all on this page. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed Virginia attorney.
Sources for this section (4)
- Va. Code 64.2-628 — Requirements
- Va. Code 64.2-629 — Notice, delivery, acceptance, consideration not required
- Va. Code 64.2-630 — Revocation by instrument authorized; revocation by act not permitted
- Va. Code 64.2-632 — Effect of transfer on death deed at transferor's death
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.