Virginia Transfer on Death Deed Form – If you're a Virginia property owner looking for a simple, cost-effective way to pass your real estate directly to loved ones without probate, a transfer on death deed Virginia (also called a TOD deed or beneficiary deed) is one of the most powerful estate-planning tools available in the Commonwealth. As an estate-planning attorney who has drafted and recorded hundreds of these deeds across Virginia, I created this completely free, attorney-reviewed Virginia transfer on death deed template so you can get started today.
Download the free Virginia TOD deed form at the bottom of this page – no email required.
A Virginia transfer on death deed is a special type of deed authorized by Virginia Code § 64.2-621 through § 64.2-638 that allows you to name one or more beneficiaries who will automatically receive title to your real property upon your death – completely outside of probate.
While you are alive, you retain 100% ownership and control. You can sell, mortgage, lease, or even revoke the TOD deed at any time without the beneficiary's consent. Only after your death (and after a certified death certificate is recorded) does ownership transfer instantly to the named beneficiary.
According to Virginia Code § 64.2-625, your TOD deed must:
Step 1: Gather your current deed or tax assessment to copy the exact legal description.
Step 2: Decide on primary and alternate beneficiaries (full legal names and relationship).
Step 3: Fill out the free Virginia transfer on death deed template below.
Step 4: Sign in front of a notary public (and two witnesses if you prefer that option).
Step 5: Record at your local Circuit Court Clerk (recording fees are usually $21–$53 depending on pages).
Step 6: Keep the original recorded copy with your estate documents.
Click the button below to download the Microsoft Word (.docx) version of my attorney-drafted Virginia TOD deed template. It includes built-in instructions and optional clauses for alternate beneficiaries, life estates, and trusts.
Download Free Virginia Transfer on Death Deed Form (Word)
| TRANSFER ON DEATH DEED THIS TRANSFER ON DEATH DEED is made this 18th day of November, 2025, by Jane A. Doe, an unmarried individual, of 123 Main Street, Fairfax, Virginia 22030 (“Grantor”). Property: ALL that certain lot or parcel of land, with improvements, situated in Fairfax County, Virginia, described as Lot 45, Oakwood Subdivision, Section 2, as shown on plat recorded in Deed Book 1234 at Page 567, and commonly known as 123 Main Street, Fairfax, VA 22030 (Tax Map No. 0123-45-6789). Upon my death, I transfer and convey the above property to my son, John Michael Doe, as sole beneficiary. If John Michael Doe predeceases me, then to my daughter Sarah Elizabeth Smith as alternate beneficiary. I reserve the right to revoke this deed. Signed: _______________________________ Jane A. Doe Witness: ______________________________ Witness: ______________________________ [Notary Acknowledgment Block] |
| Feature | TOD Deed | Lady Bird Deed | Will |
|---|---|---|---|
| Avoids Probate | Yes | Yes | No |
| Revocable | Yes | Yes | Yes |
| Remains in Medicaid Estate | Yes | No (in some states) | Yes |
| Can Change Without Beneficiary Consent | Yes | Yes | Yes |
| Available in Virginia | Yes (since 2013) | Not recognized | Yes |
Note: Virginia does NOT recognize enhanced life estate (Lady Bird) deeds – the TOD deed is your best non-probate transfer option.
Do I need an attorney to create a Virginia TOD deed?
No, but consulting one is wise if you have a blended family, significant debt, or want to include trust provisions.
Does a TOD deed override my will?
Yes – the property passes by the recorded deed, not through probate or your will.
Can I name my revocable living trust as beneficiary?
Absolutely – many clients do this for greater control.
What happens if I sell the property after recording the TOD deed?
The deed automatically terminates upon sale – no further action needed.
The IRS treats property transferred by TOD deed as if the beneficiary inherited it directly from you, qualifying for stepped-up basis under IRC § 1014. This usually eliminates capital gains tax if your heirs sell shortly after your death. See IRS Publication 551 (Basis of Assets) at IRS.gov for details.
In my decade-plus of practice, I've seen Virginia transfer on death deeds save families tens of thousands of dollars and countless months of stress. When used correctly, a properly executed and recorded TOD deed is one of the simplest and most effective tools in modern Virginia estate planning.
Download my free template today, fill it out, get it notarized, and record it this week. Your family will thank you later.
Disclaimer: This Virginia transfer on death deed template and article are provided for informational purposes only and do not constitute legal advice. Laws change and your situation may have unique factors. Always consult a licensed Virginia attorney or qualified professional before executing any legal document.
Sources: Virginia Code Title 64.2 (Wills, Trusts, and Fiduciaries), IRS Publication 551, Virginia Circuit Court Clerk recording requirements.