{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-633.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-633.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-633.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-633.2.html"}],"law_id":71623,"edition_id":1,"section_id":71623,"structure_id":12956,"section_number":"46.2-633.2","catch_line":"Transfer of title on death","history":"2013, c. 318; 2020, c. 974.","full_text":"A\n\nA motor vehicle, trailer, or semitrailer may include in the certificate of title a designation of a beneficiary to whom the motor vehicle, trailer, or semitrailer shall be transferred after the death of the owner.B\n\nA motor vehicle, trailer, or semitrailer owned by one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the name of the sole owner followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary.C\n\nA motor vehicle, trailer, or semitrailer owned by more than one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the names of the owners followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary. Such application shall be signed by all owners of the motor vehicle, trailer, or semitrailer. Such transfer to the designated beneficiary shall occur upon the death of the last surviving owner. Nothing herein shall limit the rights of any surviving owner as provided in this section.D\n\nA certificate of title with a designated beneficiary shall not be issued if (i) any owner is not a natural person or (ii) the motor vehicle, trailer, or semitrailer is encumbered by a lien or security interest.E\n\nDuring the lifetime of the owner:1\n\nThe beneficiary shall have no interest in the motor vehicle, trailer, or semitrailer and the signature or consent of the beneficiary shall not be required for any transaction; and2\n\nThe certificate of title with the designated beneficiary shall not be issued by the Department or shall be canceled if:\n\t\t\t\ta. The owner files an application for a certificate of title under subsection B or C to remove or change the beneficiary;\n\t\t\t\tb. The owner sells the motor vehicle, trailer, or semitrailer and delivers the certificate of title to another person; or\n\t\t\t\tc. An application for the recording of a lien or security interest has been filed with the Department for the motor vehicle, trailer, or semitrailer prior to the death of the owner or filed within the time limits in &#xA7; 46.2-639.F\n\nExcept as provided in this section, the designated beneficiary shall not be changed or revoked by will or any other instrument, by a change in circumstances, or in any other manner.G\n\nA certificate of title with a designated beneficiary shall not be required to be supported by consideration and need not be delivered to the beneficiary to be effective.H\n\nUpon the death of the owner and application by the beneficiary, the Department shall issue a new certificate of title in accordance with &#xA7; 46.2-600 for the motor vehicle, trailer, or semitrailer to the beneficiary. The beneficiary must apply for a certificate of title upon submitting proof of the death of the owner and such other documents and information as the Department may reasonably require. If the beneficiary does not survive the owner or does not apply for a certificate of title within 120 days of the death of the owner, the beneficiary or his estate shall have no right to obtain title to the motor vehicle, trailer, or semitrailer under this section. Upon transfer of title to the beneficiary, the Department shall cancel the registration of the deceased owner.I\n\nAny transfer pursuant to this section shall be subject to any lien or security interest authorized under &#xA7; 46.2-644, 46.2-644.01, or 46.2-644.02.J\n\nAny transfer pursuant to this section is not testamentary and shall not be subject to the provisions of Title 64.2.","order_by":null,"text":{"0":{"id":258105,"text":"A motor vehicle, trailer, or semitrailer may include in the certificate of title a designation of a beneficiary to whom the motor vehicle, trailer, or semitrailer shall be transferred after the death of the owner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258106,"text":"A motor vehicle, trailer, or semitrailer owned by one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the name of the sole owner followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258107,"text":"A motor vehicle, trailer, or semitrailer owned by more than one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the names of the owners followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary. Such application shall be signed by all owners of the motor vehicle, trailer, or semitrailer. Such transfer to the designated beneficiary shall occur upon the death of the last surviving owner. Nothing herein shall limit the rights of any surviving owner as provided in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258108,"text":"A certificate of title with a designated beneficiary shall not be issued if (i) any owner is not a natural person or (ii) the motor vehicle, trailer, or semitrailer is encumbered by a lien or security interest.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":258109,"text":"During the lifetime of the owner:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":258110,"text":"The beneficiary shall have no interest in the motor vehicle, trailer, or semitrailer and the signature or consent of the beneficiary shall not be required for any transaction; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":258111,"text":"The certificate of title with the designated beneficiary shall not be issued by the Department or shall be canceled if:\n\t\t\t\ta. The owner files an application for a certificate of title under subsection B or C to remove or change the beneficiary;\n\t\t\t\tb. The owner sells the motor vehicle, trailer, or semitrailer and delivers the certificate of title to another person; or\n\t\t\t\tc. An application for the recording of a lien or security interest has been filed with the Department for the motor vehicle, trailer, or semitrailer prior to the death of the owner or filed within the time limits in &#xA7; 46.2-639.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":258112,"text":"Except as provided in this section, the designated beneficiary shall not be changed or revoked by will or any other instrument, by a change in circumstances, or in any other manner.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"8":{"id":258113,"text":"A certificate of title with a designated beneficiary shall not be required to be supported by consideration and need not be delivered to the beneficiary to be effective.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":258114,"text":"Upon the death of the owner and application by the beneficiary, the Department shall issue a new certificate of title in accordance with &#xA7; 46.2-600 for the motor vehicle, trailer, or semitrailer to the beneficiary. The beneficiary must apply for a certificate of title upon submitting proof of the death of the owner and such other documents and information as the Department may reasonably require. If the beneficiary does not survive the owner or does not apply for a certificate of title within 120 days of the death of the owner, the beneficiary or his estate shall have no right to obtain title to the motor vehicle, trailer, or semitrailer under this section. Upon transfer of title to the beneficiary, the Department shall cancel the registration of the deceased owner.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":258115,"text":"Any transfer pursuant to this section shall be subject to any lien or security interest authorized under &#xA7; 46.2-644, 46.2-644.01, or 46.2-644.02.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":258116,"text":"Any transfer pursuant to this section is not testamentary and shall not be subject to the provisions of Title 64.2.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":12956,"edition_id":1,"name":"Titling Vehicles","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12879,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":227953,"object_type":"structure","relational_id":12956,"identifier":"2","token":"46.2\/II\/6\/2","url":"\/46.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12879,"edition_id":1,"name":"Titling and Registration of Motor Vehicles","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":226923,"object_type":"structure","relational_id":12879,"identifier":"6","token":"46.2\/II\/6","url":"\/46.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83979,"structure_id":12956,"section_number":"46.2-616","catch_line":"Acquiring vehicle from vendor who does not have certificate of title","url":"\/46.2-616\/","token":"46.2\/II\/6\/2\/46.2-616","metadata":false},{"id":86372,"structure_id":12956,"section_number":"46.2-617","catch_line":"Sale of vehicle without certificate of title","url":"\/46.2-617\/","token":"46.2\/II\/6\/2\/46.2-617","metadata":false},{"id":60178,"structure_id":12956,"section_number":"46.2-618","catch_line":"When unlawful to have in possession certificate of title issued to another; remedy of purchaser against persons in possession of title of vehicle purchased from dealer","url":"\/46.2-618\/","token":"46.2\/II\/6\/2\/46.2-618","metadata":false},{"id":72463,"structure_id":12956,"section_number":"46.2-619","catch_line":"New indicia of title; procedure as to leased vehicles","url":"\/46.2-619\/","token":"46.2\/II\/6\/2\/46.2-619","metadata":false},{"id":59012,"structure_id":12956,"section_number":"46.2-620","catch_line":"Period of validity of certificate of title","url":"\/46.2-620\/","token":"46.2\/II\/6\/2\/46.2-620","metadata":false},{"id":79969,"structure_id":12956,"section_number":"46.2-621","catch_line":"Application for certificate of title","url":"\/46.2-621\/","token":"46.2\/II\/6\/2\/46.2-621","metadata":false},{"id":65083,"structure_id":12956,"section_number":"46.2-621.1","catch_line":"Correcting errors in titling","url":"\/46.2-621.1\/","token":"46.2\/II\/6\/2\/46.2-621.1","metadata":false},{"id":61253,"structure_id":12956,"section_number":"46.2-622","catch_line":"Issuance of certificate of title in names of joint owners","url":"\/46.2-622\/","token":"46.2\/II\/6\/2\/46.2-622","metadata":false},{"id":74428,"structure_id":12956,"section_number":"46.2-623","catch_line":"Statements in application","url":"\/46.2-623\/","token":"46.2\/II\/6\/2\/46.2-623","metadata":false},{"id":67974,"structure_id":12956,"section_number":"46.2-624","catch_line":"Information required on vehicles damaged by water","url":"\/46.2-624\/","token":"46.2\/II\/6\/2\/46.2-624","metadata":false},{"id":69007,"structure_id":12956,"section_number":"46.2-625","catch_line":"Specially constructed, reconstructed, replica, converted electric, or foreign vehicles","url":"\/46.2-625\/","token":"46.2\/II\/6\/2\/46.2-625","metadata":false},{"id":64146,"structure_id":12956,"section_number":"46.2-626","catch_line":"Repealed","url":"\/46.2-626\/","token":"46.2\/II\/6\/2\/46.2-626","metadata":false},{"id":75060,"structure_id":12956,"section_number":"46.2-626.1","catch_line":"Motorcycle purchased by manufacturer for parts; documentation required for sale of parts","url":"\/46.2-626.1\/","token":"46.2\/II\/6\/2\/46.2-626.1","metadata":false},{"id":85078,"structure_id":12956,"section_number":"46.2-627","catch_line":"Fee for certificate of title; use in special fund","url":"\/46.2-627\/","token":"46.2\/II\/6\/2\/46.2-627","metadata":false},{"id":71729,"structure_id":12956,"section_number":"46.2-628","catch_line":"How certificate of title transferred","url":"\/46.2-628\/","token":"46.2\/II\/6\/2\/46.2-628","metadata":false},{"id":69663,"structure_id":12956,"section_number":"46.2-629","catch_line":"Odometer reading to be reported on certificate of title, application, or power of attorney","url":"\/46.2-629\/","token":"46.2\/II\/6\/2\/46.2-629","metadata":false},{"id":56148,"structure_id":12956,"section_number":"46.2-630","catch_line":"Transfer and application for certificate of title forwarded to Department","url":"\/46.2-630\/","token":"46.2\/II\/6\/2\/46.2-630","metadata":false},{"id":62224,"structure_id":12956,"section_number":"46.2-631","catch_line":"When transferred certificate of title need not be forwarded","url":"\/46.2-631\/","token":"46.2\/II\/6\/2\/46.2-631","metadata":false},{"id":66534,"structure_id":12956,"section_number":"46.2-631.1","catch_line":"Electronic sales by dealers; titling","url":"\/46.2-631.1\/","token":"46.2\/II\/6\/2\/46.2-631.1","metadata":false},{"id":63795,"structure_id":12956,"section_number":"46.2-632","catch_line":"Transfer when certificate of title lost","url":"\/46.2-632\/","token":"46.2\/II\/6\/2\/46.2-632","metadata":false},{"id":72419,"structure_id":12956,"section_number":"46.2-633","catch_line":"Transfer of title by operation of law","url":"\/46.2-633\/","token":"46.2\/II\/6\/2\/46.2-633","metadata":false},{"id":59621,"structure_id":12956,"section_number":"46.2-633.1","catch_line":"Sale in Virginia of vehicle repossessed in another state","url":"\/46.2-633.1\/","token":"46.2\/II\/6\/2\/46.2-633.1","metadata":false},{"id":71623,"structure_id":12956,"section_number":"46.2-633.2","catch_line":"Transfer of title on death","url":"\/46.2-633.2\/","token":"46.2\/II\/6\/2\/46.2-633.2","metadata":false},{"id":71249,"structure_id":12956,"section_number":"46.2-634","catch_line":"Transfer of title when no qualification on estate","url":"\/46.2-634\/","token":"46.2\/II\/6\/2\/46.2-634","metadata":false},{"id":80251,"structure_id":12956,"section_number":"46.2-635","catch_line":"Surrender of certificates for vehicles to be demolished; securing new title certificates","url":"\/46.2-635\/","token":"46.2\/II\/6\/2\/46.2-635","metadata":false},{"id":86490,"structure_id":12956,"section_number":"46.2-636","catch_line":"Certificate to show security interests","url":"\/46.2-636\/","token":"46.2\/II\/6\/2\/46.2-636","metadata":false},{"id":60463,"structure_id":12956,"section_number":"46.2-636.1","catch_line":"Security interests in farm tractors and special construction and forestry equipment","url":"\/46.2-636.1\/","token":"46.2\/II\/6\/2\/46.2-636.1","metadata":false},{"id":55770,"structure_id":12956,"section_number":"46.2-637","catch_line":"Security interests subsequently created","url":"\/46.2-637\/","token":"46.2\/II\/6\/2\/46.2-637","metadata":false},{"id":59161,"structure_id":12956,"section_number":"46.2-638","catch_line":"Certificate as notice of security interest","url":"\/46.2-638\/","token":"46.2\/II\/6\/2\/46.2-638","metadata":false},{"id":64135,"structure_id":12956,"section_number":"46.2-639","catch_line":"Security interest may be filed within thirty days after purchase","url":"\/46.2-639\/","token":"46.2\/II\/6\/2\/46.2-639","metadata":false},{"id":66722,"structure_id":12956,"section_number":"46.2-640","catch_line":"Priority of security interests shown on certificates of title","url":"\/46.2-640\/","token":"46.2\/II\/6\/2\/46.2-640","metadata":false},{"id":85614,"structure_id":12956,"section_number":"46.2-640.1","catch_line":"Vehicle leases that are not sales or security interests","url":"\/46.2-640.1\/","token":"46.2\/II\/6\/2\/46.2-640.1","metadata":false},{"id":78295,"structure_id":12956,"section_number":"46.2-641","catch_line":"Who to hold certificate of title subject to security interest","url":"\/46.2-641\/","token":"46.2\/II\/6\/2\/46.2-641","metadata":false},{"id":61531,"structure_id":12956,"section_number":"46.2-642","catch_line":"Release of security interest shown on certificate of title","url":"\/46.2-642\/","token":"46.2\/II\/6\/2\/46.2-642","metadata":false},{"id":54050,"structure_id":12956,"section_number":"46.2-643","catch_line":"Surrender of certificate of title required when security interest paid","url":"\/46.2-643\/","token":"46.2\/II\/6\/2\/46.2-643","metadata":false},{"id":82679,"structure_id":12956,"section_number":"46.2-644","catch_line":"Levy of execution","url":"\/46.2-644\/","token":"46.2\/II\/6\/2\/46.2-644","metadata":false},{"id":71754,"structure_id":12956,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","url":"\/46.2-644.01\/","token":"46.2\/II\/6\/2\/46.2-644.01","metadata":false},{"id":78093,"structure_id":12956,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","url":"\/46.2-644.02\/","token":"46.2\/II\/6\/2\/46.2-644.02","metadata":false},{"id":56129,"structure_id":12956,"section_number":"46.2-644.03","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.03\/","token":"46.2\/II\/6\/2\/46.2-644.03","metadata":false},{"id":67489,"structure_id":12956,"section_number":"46.2-644.04","catch_line":"Relinquishment of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.04\/","token":"46.2\/II\/6\/2\/46.2-644.04","metadata":false}],"previous_section":{"id":59621,"structure_id":12956,"section_number":"46.2-633.1","catch_line":"Sale in Virginia of vehicle repossessed in another state","url":"\/46.2-633.1\/","token":"46.2\/II\/6\/2\/46.2-633.1","metadata":false},"next_section":{"id":71249,"structure_id":12956,"section_number":"46.2-634","catch_line":"Transfer of title when no qualification on estate","url":"\/46.2-634\/","token":"46.2\/II\/6\/2\/46.2-634","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-633.2\/","history_text":"<p>This law was first created in 2013. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0318\">318<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0974\">974<\/a>.<\/p>","references":[{"id":54656,"section_number":"46.2-1606","catch_line":"Certificates of title issued by other states; nonnegotiable titles","order_by":null,"url":"\/46.2-1606\/"},{"id":57242,"section_number":"46.2-615","catch_line":"Registration effective after death of owner","order_by":null,"url":"\/46.2-615\/"}],"refers_to":[{"id":87484,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","order_by":null,"url":"\/46.2-600\/"},{"id":82679,"section_number":"46.2-644","catch_line":"Levy of execution","order_by":null,"url":"\/46.2-644\/"},{"id":71754,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","order_by":null,"url":"\/46.2-644.01\/"}],"permalink":{"id":228043,"object_type":"law","relational_id":71623,"identifier":"46.2-633.2","token":"46.2\/II\/6\/2\/46.2-633.2","url":"\/46.2-633.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-633.2\/","token":"46.2\/II\/6\/2\/46.2-633.2","dublin_core":{"Title":"Transfer of title on death","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-633.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> may include in the certificate of title a designation of a beneficiary to whom the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> shall be transferred after the death of the <span class=\"dictionary\">owner<\/span>. <a id=\"paragraph-258105\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> owned by one person may be titled with a designated beneficiary by applying to the <span class=\"dictionary\">Department<\/span> for a certificate of title on which is stated the name of the sole <span class=\"dictionary\">owner<\/span> followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary. <a id=\"paragraph-258106\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> owned by more than one person may be titled with a designated beneficiary by applying to the <span class=\"dictionary\">Department<\/span> for a certificate of title on which is stated the names of the <span class=\"dictionary\">owners<\/span> followed by &#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary. Such application shall be signed by all <span class=\"dictionary\">owners<\/span> of the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span>. Such transfer to the designated beneficiary shall occur upon the death of the last surviving <span class=\"dictionary\">owner<\/span>. Nothing herein shall limit the rights of any surviving <span class=\"dictionary\">owner<\/span> as provided in this section. <a id=\"paragraph-258107\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A certificate of title with a designated beneficiary shall not be issued if (i) any <span class=\"dictionary\">owner<\/span> is not a natural person or (ii) the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> is encumbered by a <span class=\"dictionary\">lien<\/span> or security interest. <a id=\"paragraph-258108\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> During the lifetime of the <span class=\"dictionary\">owner<\/span>: <a id=\"paragraph-258109\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The beneficiary shall have no interest in the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> and the signature or consent of the beneficiary shall not be required for any transaction; and <a id=\"paragraph-258110\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#E1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The certificate of title with the designated beneficiary shall not be issued by the <span class=\"dictionary\">Department<\/span> or shall be canceled if:\n\t\t\t\ta. The <span class=\"dictionary\">owner<\/span> files an application for a certificate of title under subsection B or C to remove or change the beneficiary;\n\t\t\t\tb. The <span class=\"dictionary\">owner<\/span> sells the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> and delivers the certificate of title to another person; or\n\t\t\t\tc. An application for the recording of a <span class=\"dictionary\">lien<\/span> or security interest has been filed with the <span class=\"dictionary\">Department<\/span> for the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> prior to the death of the <span class=\"dictionary\">owner<\/span> or filed within the time limits in &#xA7; <a class=\"law\" title=\"Security interest may be filed within thirty days after purchase\" href=\"\/46.2-639\/\">46.2-639<\/a>. <a id=\"paragraph-258111\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Except as provided in this section, the designated beneficiary shall not be changed or revoked by will or any other instrument, by a change in circumstances, or in any other manner. <a id=\"paragraph-258112\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> A certificate of title with a designated beneficiary shall not be required to be supported by consideration and need not be delivered to the beneficiary to be effective. <a id=\"paragraph-258113\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Upon the death of the <span class=\"dictionary\">owner<\/span> and application by the beneficiary, the <span class=\"dictionary\">Department<\/span> shall <span class=\"dictionary\">issue<\/span> a new certificate of title in accordance with &#xA7; <a class=\"law\" title=\"Owner to secure registration and certificate of title or certificate of ownership\" href=\"\/46.2-600\/\">46.2-600<\/a> for the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> to the beneficiary. The beneficiary must apply for a certificate of title upon submitting proof of the death of the <span class=\"dictionary\">owner<\/span> and such other documents and information as the <span class=\"dictionary\">Department<\/span> may reasonably require. If the beneficiary does not survive the <span class=\"dictionary\">owner<\/span> or does not apply for a certificate of title within 120 days of the death of the <span class=\"dictionary\">owner<\/span>, the beneficiary or his estate shall have no right to obtain title to the <span class=\"dictionary\">motor vehicle<\/span>, <span class=\"dictionary\">trailer<\/span>, or <span class=\"dictionary\">semitrailer<\/span> under this section. Upon transfer of title to the beneficiary, the <span class=\"dictionary\">Department<\/span> shall <span class=\"dictionary\">cancel<\/span> the registration of the deceased <span class=\"dictionary\">owner<\/span>. <a id=\"paragraph-258114\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> Any transfer pursuant to this section shall be subject to any <span class=\"dictionary\">lien<\/span> or security interest authorized under &#xA7; <a class=\"law\" title=\"Levy of execution\" href=\"\/46.2-644\/\">46.2-644<\/a>, <a class=\"law\" title=\"Lien of keeper of vehicles\" href=\"\/46.2-644.01\/\">46.2-644.01<\/a>, or <a class=\"law\" title=\"Lien of mechanic for repairs\" href=\"\/46.2-644.02\/\">46.2-644.02<\/a>. <a id=\"paragraph-258115\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Any transfer pursuant to this section is not testamentary and shall not be subject to the provisions of Title 64.2. <a id=\"paragraph-258116\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-633.2\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTRANSFER OF TITLE ON DEATH (\u00a7 46.2-633.2)\n\nA. A motor vehicle, trailer, or semitrailer may include in the certificate of\ntitle a designation of a beneficiary to whom the motor vehicle, trailer, or\nsemitrailer shall be transferred after the death of the owner.\n\nB. A motor vehicle, trailer, or semitrailer owned by one person may be titled\nwith a designated beneficiary by applying to the Department for a certificate of\ntitle on which is stated the name of the sole owner followed by &#8220;transfer\non death&#8221; or &#8220;TOD&#8221; and the name of the beneficiary.\n\nC. A motor vehicle, trailer, or semitrailer owned by more than one person may be\ntitled with a designated beneficiary by applying to the Department for a\ncertificate of title on which is stated the names of the owners followed by\n&#8220;transfer on death&#8221; or &#8220;TOD&#8221; and the name of the\nbeneficiary. Such application shall be signed by all owners of the motor\nvehicle, trailer, or semitrailer. Such transfer to the designated beneficiary\nshall occur upon the death of the last surviving owner. Nothing herein shall\nlimit the rights of any surviving owner as provided in this section.\n\nD. A certificate of title with a designated beneficiary shall not be issued if\n(i) any owner is not a natural person or (ii) the motor vehicle, trailer, or\nsemitrailer is encumbered by a lien or security interest.\n\nE. During the lifetime of the owner:\n\n   1. The beneficiary shall have no interest in the motor vehicle, trailer, or\n   semitrailer and the signature or consent of the beneficiary shall not be\n   required for any transaction; and\n\n   2. The certificate of title with the designated beneficiary shall not be\n   issued by the Department or shall be canceled if:\n   \t\t\t\ta. The owner files an application for a certificate of title under\n   subsection B or C to remove or change the beneficiary;\n   \t\t\t\tb. The owner sells the motor vehicle, trailer, or semitrailer and delivers\n   the certificate of title to another person; or\n   \t\t\t\tc. An application for the recording of a lien or security interest has\n   been filed with the Department for the motor vehicle, trailer, or semitrailer\n   prior to the death of the owner or filed within the time limits in &#xA7;\n   46.2-639.\n\nF. Except as provided in this section, the designated beneficiary shall not be\nchanged or revoked by will or any other instrument, by a change in\ncircumstances, or in any other manner.\n\nG. A certificate of title with a designated beneficiary shall not be required to\nbe supported by consideration and need not be delivered to the beneficiary to be\neffective.\n\nH. Upon the death of the owner and application by the beneficiary, the\nDepartment shall issue a new certificate of title in accordance with &#xA7;\n46.2-600 for the motor vehicle, trailer, or semitrailer to the beneficiary. The\nbeneficiary must apply for a certificate of title upon submitting proof of the\ndeath of the owner and such other documents and information as the Department\nmay reasonably require. If the beneficiary does not survive the owner or does\nnot apply for a certificate of title within 120 days of the death of the owner,\nthe beneficiary or his estate shall have no right to obtain title to the motor\nvehicle, trailer, or semitrailer under this section. Upon transfer of title to\nthe beneficiary, the Department shall cancel the registration of the deceased\nowner.\n\nI. Any transfer pursuant to this section shall be subject to any lien or\nsecurity interest authorized under &#xA7; 46.2-644, 46.2-644.01, or 46.2-644.02.\n\nJ. Any transfer pursuant to this section is not testamentary and shall not be\nsubject to the provisions of Title 64.2.\n\nHISTORY: 2013, c. 318; 2020, c. 974.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}