Call Today To Get Started: (757) 422-0061

Go To FAQ’s

Virginia Transfer‑on‑Death (TOD) Deeds

A Transfer‑on‑Death deed lets Virginia property owners pass real estate directly to a beneficiary without probate—but only takes effect upon your death. At Doummar Law, we’ll guide you through creating, revoking, and understanding TOD deeds as part of your estate plan.

📜 What Is a Transfer‑on‑Death Deed?

Effective July 1, 2013, under Virginia Code § 64.2‑624, a TOD deed is a recorded, written document stating that your property transfers automatically upon death—no beneficiary payment or acceptance required :contentReference[oaicite:1]{index=1}. You retain all control during your lifetime.

🏠 How a TOD Deed Works

  • Recorded before your death in the county’s land records
  • Makes no current change—you can still sell, mortgage, or gift the property
  • Takes effect only if the named beneficiary survives you :contentReference[oaicite:2]{index=2}
  • Automatically revokes upon divorce unless the deed specifies otherwise

🔁 Revoking or Changing a TOD Deed

You can revoke or modify your TOD deed anytime by recording:

  • A new TOD deed that expressly revokes the prior one
  • An inter vivos deed or separate revocation document before death :contentReference[oaicite:3]{index=3}

✅ Why Choose a TOD Deed?

  • Avoids probate and related delays
  • Maintains full control and transfer flexibility while alive
  • Protects against probate-related fees with minimal documentation
  • Preserves step-up in basis—beneficiaries pay lower taxes on appreciated value :contentReference[oaicite:4]{index=4}

How Doummar Law Can Help

Our estate planning attorneys assist by:

  • Drafting and properly recording TOD deeds
  • Advising on beneficiary designations and survivorship safeguards
  • Handling revocation or updates as life circumstances change
  • Coordinating TOD deeds with wills, trusts, powers of attorney, and broader estate plans

We also help with wills, trusts, and estate administration services—offering comprehensive legacy solutions.

📞 Call (757) 422‑0061 or schedule a consultation to set up or review your TOD deed today.

📢 Secure Your Property Transfer Plan

Take action now to ensure your property passes smoothly to loved ones—no probate hassles. Our team makes drafting and revoking TOD deeds simple and reliable.

Start Your Estate Planning Today

Frequently Asked Questions

Does a TOD deed avoid probate?

Yes. The property bypasses probate and transfers directly if the beneficiary outlives the transferor :contentReference[oaicite:5]{index=5}.

Can I revoke or change it?

Absolutely. You can record a new TOD deed, inter vivos deed, or revocation document anytime before death :contentReference[oaicite:6]{index=6}.

Will it affect my mortgage?

No. You retain all rights during life—you can sell, refinance, or mortgage without impacting the TOD deed.

What if beneficiary predeceases me?

The TOD deed lapses unless you've named alternate beneficiaries—planning ahead is key.

Does divorce cancel it?

Yes—TOD deeds to spouses are automatically revoked upon divorce unless explicitly preserved in the document :contentReference[oaicite:7]{index=7}.