2014 Virginia Code
Title 64.2 - Wills, Trusts, and Fiduciaries
§ 64.2-635. Optional form of transfer on death deed


VA Code § 64.2-635 (2014) What's This?

The following form may be used to create a transfer on death deed. The other sections of this article govern the effect of this or any other instrument used to create a transfer on death deed:

THIS DEED MUST BE RECORDED BEFORE THE DEATH OF THE OWNER(S), OR IT WILL NOT
BE EFFECTIVE.

THIS DEED IS EXEMPT FROM RECORDATION TAXES UNDER § 58.1-811(J) OF THE CODE
OF VIRGINIA OF 1950, AS AMENDED.

REVOCABLE TRANSFER ON DEATH DEED

THIS REVOCABLE TRANSFER ON DEATH DEED, dated as of the day of
, is made by TRANSFEROR or TRANSFERORS (the Grantor(s)), whose
address is .

This Revocable Transfer on Death Deed is made pursuant to theprovisions
of the Uniform Real Property Transfer on Death Act, Virginia Code § 64.2-621
et seq. In accordance with the provisionsof the Uniform Real Property
Transfer on Death Act, at my death, I transfer and convey my interest in the

below described property to my designated beneficiaries as follows:

PRIMARY BENEFICIARY

I designate as thedesignated beneficiary of the property
if survives me.

ALTERNATE BENEFICIARY -- Optional

If my primary designated beneficiary does not survive me, I designate
as my alternate designated beneficiary if
my alternate designated beneficiary survives me.

PROPERTY:

The legal description of the real property that shall be transferred at my

death pursuant to this Revocable Transfer on Death Deed is as follows:

INSERT LEGAL DESCRIPTION

RIGHT TO REVOKE AND METHOD TO REVOKE DEED:

Before my death, I have the right to revoke this deed.

Under the Uniform Real Property Transfer on Death Act, an instrument is
effective to revoke a recorded transfer on death deed, or any part of it, only

if the instrument:

1. Is one of the following:

a. A transfer on death deed that revokes the transfer on death deed or part
of the transfer on death deed expressly;

b. A transfer on death deed that names a designated beneficiary that is
inconsistent with the designated beneficiary in a prior transfer on death deed;

c. An instrument of revocation that expressly revokes the transfer on death
deed or part of the transfer on death deed; or

d. An inter vivos deed that expressly revokes the transfer on death deed or
part of the transfer on death deed.

2. Is acknowledged by the transferor after the acknowledgment of the

transfer on death deed being revoked and recorded beforethe transferor's
death in the land records of the clerk's office of the circuit court where the
deed is recorded.

After this transfer on death deed is recorded, it can be revoked only by an
effective revocatory instrument recorded prior to the death of the transferor
and may not be revoked by a revocatory act taken against or on the original or
a copy of the recorded transfer on death deed.

The execution and recordation of this transfer on death deed does not limit
the effect of an inter vivos transfer of the property.

At my death, a beneficiary takes the property subject to all conveyances,
encumbrances, assignments, contracts, mortgages, liens, and other interests to
which the property is subject at my death.

Witness the following signature and seals:

(SEAL)

TRANSFEROR

COMMONWEALTH OF VIRGINIA

CITY/COUNTY OF, to wit:

The foregoing instrument was acknowledged before me in the City/County of
, Virginia this day of, byTRANSFEROR.

Notary Public

My commission expires:

Registration number:

2013, c. 390.

Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.