{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-632.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-632.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-632.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-632.html"}],"law_id":81858,"edition_id":1,"section_id":81858,"structure_id":14266,"section_number":"64.2-632","catch_line":"Effect of transfer on death deed at transferor’s death","history":"2013, c. 390; 2016, cc. 187, 269.","full_text":"A\n\nExcept as otherwise provided in the transfer on death deed, in this section, in \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.) of Chapter 3, as applicable, or in Chapter 22 (\u00a7 64.2-2200 et seq.) or 25 (\u00a7 64.2-2500 et seq.), on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:1\n\nSubject to subdivision 2, the interest in the property is transferred to and vests in the designated beneficiary at the death of the transferor in accordance with the deed.2\n\nThe interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.3\n\nSubject to subdivision 4, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.4\n\nIf the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.5\n\nIf, after making a transfer on death deed, the transferor is divorced a vinculo matrimonii or his marriage is annulled, the divorce or annulment revokes any transfer to a former spouse as designated beneficiary unless the transfer on death deed expressly provides otherwise.B\n\nSubject to Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection and Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, the transfer and conveyance of the property subject to the transfer on death deed shall be deemed to be effective at the transferor’s death.C\n\nIf a transferor is a joint owner and is:1\n\nSurvived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship but remains subject to the naming of the designated beneficiary in the transfer on death deed; or2\n\nThe last surviving joint owner, the transfer on death deed is effective.D\n\nA transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.","order_by":null,"text":{"0":{"id":293270,"text":"Except as otherwise provided in the transfer on death deed, in this section, in \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.) of Chapter 3, as applicable, or in Chapter 22 (\u00a7 64.2-2200 et seq.) or 25 (\u00a7 64.2-2500 et seq.), on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":293271,"text":"Subject to subdivision 2, the interest in the property is transferred to and vests in the designated beneficiary at the death of the transferor in accordance with the deed.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":293272,"text":"The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":293273,"text":"Subject to subdivision 4, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":293274,"text":"If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":293275,"text":"If, after making a transfer on death deed, the transferor is divorced a vinculo matrimonii or his marriage is annulled, the divorce or annulment revokes any transfer to a former spouse as designated beneficiary unless the transfer on death deed expressly provides otherwise.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":293276,"text":"Subject to Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor’s death. For purposes of this subsection and Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, the transfer and conveyance of the property subject to the transfer on death deed shall be deemed to be effective at the transferor’s death.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":293277,"text":"If a transferor is a joint owner and is:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"8":{"id":293278,"text":"Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship but remains subject to the naming of the designated beneficiary in the transfer on death deed; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"9":{"id":293279,"text":"The last surviving joint owner, the transfer on death deed is effective.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"10":{"id":293280,"text":"A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2"}},"ancestry":[{"id":14266,"edition_id":1,"name":"Uniform Real Property Transfer on Death Act","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12970,"metadata":{},"date_created":"2026-06-26 03:47:32","date_modified":"2026-06-26 03:47:32","permalink":{"id":273737,"object_type":"structure","relational_id":14266,"identifier":"5","token":"64.2\/II\/6\/5","url":"\/64.2\/II\/6\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12970,"edition_id":1,"name":"Transfers Without Qualification","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12863,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":273643,"object_type":"structure","relational_id":12970,"identifier":"6","token":"64.2\/II\/6","url":"\/64.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12863,"edition_id":1,"name":"Wills and Decedents' Estates","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":272911,"object_type":"structure","relational_id":12863,"identifier":"II","token":"64.2\/II","url":"\/64.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73011,"structure_id":14266,"section_number":"64.2-621","catch_line":"Definitions","url":"\/64.2-621\/","token":"64.2\/II\/6\/5\/64.2-621","metadata":false},{"id":84823,"structure_id":14266,"section_number":"64.2-622","catch_line":"Applicability","url":"\/64.2-622\/","token":"64.2\/II\/6\/5\/64.2-622","metadata":false},{"id":59858,"structure_id":14266,"section_number":"64.2-623","catch_line":"Nonexclusivity","url":"\/64.2-623\/","token":"64.2\/II\/6\/5\/64.2-623","metadata":false},{"id":80160,"structure_id":14266,"section_number":"64.2-624","catch_line":"Transfer on death deed authorized","url":"\/64.2-624\/","token":"64.2\/II\/6\/5\/64.2-624","metadata":false},{"id":63609,"structure_id":14266,"section_number":"64.2-625","catch_line":"Transfer on death deed revocable","url":"\/64.2-625\/","token":"64.2\/II\/6\/5\/64.2-625","metadata":false},{"id":67949,"structure_id":14266,"section_number":"64.2-626","catch_line":"Transfer on death deed nontestamentary","url":"\/64.2-626\/","token":"64.2\/II\/6\/5\/64.2-626","metadata":false},{"id":62418,"structure_id":14266,"section_number":"64.2-627","catch_line":"Capacity of transferor","url":"\/64.2-627\/","token":"64.2\/II\/6\/5\/64.2-627","metadata":false},{"id":76698,"structure_id":14266,"section_number":"64.2-628","catch_line":"Requirements","url":"\/64.2-628\/","token":"64.2\/II\/6\/5\/64.2-628","metadata":false},{"id":74924,"structure_id":14266,"section_number":"64.2-629","catch_line":"Notice, delivery, acceptance, consideration not required","url":"\/64.2-629\/","token":"64.2\/II\/6\/5\/64.2-629","metadata":false},{"id":85018,"structure_id":14266,"section_number":"64.2-630","catch_line":"Revocation by instrument authorized; revocation by act not permitted","url":"\/64.2-630\/","token":"64.2\/II\/6\/5\/64.2-630","metadata":false},{"id":79151,"structure_id":14266,"section_number":"64.2-631","catch_line":"Effect of transfer on death deed during transferor's life","url":"\/64.2-631\/","token":"64.2\/II\/6\/5\/64.2-631","metadata":false},{"id":81858,"structure_id":14266,"section_number":"64.2-632","catch_line":"Effect of transfer on death deed at transferor's death","url":"\/64.2-632\/","token":"64.2\/II\/6\/5\/64.2-632","metadata":false},{"id":62180,"structure_id":14266,"section_number":"64.2-633","catch_line":"Disclaimer","url":"\/64.2-633\/","token":"64.2\/II\/6\/5\/64.2-633","metadata":false},{"id":55522,"structure_id":14266,"section_number":"64.2-634","catch_line":"Liability for creditor claims and statutory allowances","url":"\/64.2-634\/","token":"64.2\/II\/6\/5\/64.2-634","metadata":false},{"id":70369,"structure_id":14266,"section_number":"64.2-635","catch_line":"Optional form of transfer on death deed","url":"\/64.2-635\/","token":"64.2\/II\/6\/5\/64.2-635","metadata":false},{"id":73519,"structure_id":14266,"section_number":"64.2-636","catch_line":"Optional form of revocation","url":"\/64.2-636\/","token":"64.2\/II\/6\/5\/64.2-636","metadata":false},{"id":82433,"structure_id":14266,"section_number":"64.2-637","catch_line":"Uniformity of application and construction","url":"\/64.2-637\/","token":"64.2\/II\/6\/5\/64.2-637","metadata":false},{"id":55884,"structure_id":14266,"section_number":"64.2-638","catch_line":"Relation to federal Electronic Signatures in Global and National Commerce Act","url":"\/64.2-638\/","token":"64.2\/II\/6\/5\/64.2-638","metadata":false}],"previous_section":{"id":79151,"structure_id":14266,"section_number":"64.2-631","catch_line":"Effect of transfer on death deed during transferor's life","url":"\/64.2-631\/","token":"64.2\/II\/6\/5\/64.2-631","metadata":false},"next_section":{"id":62180,"structure_id":14266,"section_number":"64.2-633","catch_line":"Disclaimer","url":"\/64.2-633\/","token":"64.2\/II\/6\/5\/64.2-633","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-632\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 390<\/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 2016, chapters 187<\/a> and 269<\/a>.<\/p>","references":false,"refers_to":[{"id":61518,"section_number":"55.1-600","catch_line":"When and where writings recorded","order_by":null,"url":"\/55.1-600\/"},{"id":70873,"section_number":"64.2-2200","catch_line":"Definitions","order_by":null,"url":"\/64.2-2200\/"},{"id":63031,"section_number":"64.2-2500","catch_line":"Definitions","order_by":null,"url":"\/64.2-2500\/"},{"id":75301,"section_number":"64.2-302","catch_line":"When and how elective share may be claimed by surviving spouse","order_by":null,"url":"\/64.2-302\/"},{"id":86374,"section_number":"64.2-308.1","catch_line":"Applicability; definitions","order_by":null,"url":"\/64.2-308.1\/"}],"permalink":{"id":273783,"object_type":"law","relational_id":81858,"identifier":"64.2-632","token":"64.2\/II\/6\/5\/64.2-632","url":"\/64.2-632\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-632\/","token":"64.2\/II\/6\/5\/64.2-632","dublin_core":{"Title":"Effect of transfer on death deed at transferor’s death","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-632","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in the transfer on death deed<\/span>, in this section, in \u00a7 64.2-302<\/a> or Article 1.1 (\u00a7 64.2-308.1<\/a> et seq.) of Chapter 3, as applicable, or in Chapter 22 (\u00a7 64.2-2200<\/a> et seq.) or 25 (\u00a7 64.2-2500<\/a> et seq.), on the death of the transferor<\/span>, the following rules apply to property<\/span> that is the subject of a transfer on death deed<\/span> and owned by the transferor<\/span> at death: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Subject to subdivision 2, the interest in the property<\/span> is transferred to and vests in the designated beneficiary<\/span> at the death of the transferor<\/span> in accordance with the deed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The interest of a designated beneficiary<\/span> is contingent on the designated beneficiary<\/span> surviving the transferor<\/span>. The interest of a designated beneficiary<\/span> that fails to survive the transferor<\/span> lapses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Subject to subdivision 4, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the transferor<\/span> has identified two or more designated beneficiaries to receive concurrent interests in the property<\/span>, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property<\/span> held concurrently. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If, after making a transfer on death deed<\/span>, the transferor<\/span> is divorced a vinculo matrimonii or his marriage is annulled, the divorce or annulment<\/span> revokes any transfer to a former spouse as designated beneficiary<\/span> unless the transfer on death deed<\/span> expressly provides otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subject to Chapter 6 (§ 55.1-600<\/a> et seq.) of Title 55.1, a beneficiary takes the property<\/span> subject to all conveyances, encumbrances, assignments, contracts<\/span>, mortgages, liens<\/span>, and other interests to which the property<\/span> is subject at the transferor<\/span>’s death. For purposes of this subsection and Chapter 6 (§ 55.1-600<\/a> et seq.) of Title 55.1, the transfer and conveyance of the property<\/span> subject to the transfer on death deed<\/span> shall be deemed to be effective at the transferor<\/span>’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a transferor<\/span> is a joint owner<\/span> and is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Survived by one or more other joint owners<\/span>, the property<\/span> that is the subject of a transfer on death deed<\/span> belongs to the surviving joint owner<\/span> or owners with right of survivorship but remains subject to the naming of the designated beneficiary<\/span> in the transfer on death deed<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The last surviving joint owner<\/span>, the transfer on death deed<\/span> is effective. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A transfer on death deed<\/span> transfers property<\/span> without covenant or warranty of title even if the deed contains a contrary provision. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR’S DEATH (\u00a7 64.2-632)\n\nA. Except as otherwise provided in the transfer on death deed, in this section,\nin \u00a7 64.2-302 or Article 1.1 (\u00a7 64.2-308.1 et seq.) of Chapter 3, as\napplicable, or in Chapter 22 (\u00a7 64.2-2200 et seq.) or 25 (\u00a7 64.2-2500 et\nseq.), on the death of the transferor, the following rules apply to property\nthat is the subject of a transfer on death deed and owned by the transferor at\ndeath:\n\n 1. Subject to subdivision 2, the interest in the property is transferred to\n and vests in the designated beneficiary at the death of the transferor in\n accordance with the deed.\n\n 2. The interest of a designated beneficiary is contingent on the designated\n beneficiary surviving the transferor. The interest of a designated beneficiary\n that fails to survive the transferor lapses.\n\n 3. Subject to subdivision 4, concurrent interests are transferred to the\n beneficiaries in equal and undivided shares with no right of survivorship.\n\n 4. If the transferor has identified two or more designated beneficiaries to\n receive concurrent interests in the property, the share of one that lapses or\n fails for any reason is transferred to the other, or to the others in\n proportion to the interest of each in the remaining part of the property held\n concurrently.\n\n 5. If, after making a transfer on death deed, the transferor is divorced a\n vinculo matrimonii or his marriage is annulled, the divorce or annulment\n revokes any transfer to a former spouse as designated beneficiary unless the\n transfer on death deed expressly provides otherwise.\n\nB. Subject to Chapter 6 (§ 55.1-600 et seq.) of Title 55.1, a beneficiary\ntakes the property subject to all conveyances, encumbrances, assignments,\ncontracts, mortgages, liens, and other interests to which the property is\nsubject at the transferor’s death. For purposes of this subsection and\nChapter 6 (§ 55.1-600 et seq.) of Title 55.1, the transfer and conveyance\nof the property subject to the transfer on death deed shall be deemed to be\neffective at the transferor’s death.\n\nC. If a transferor is a joint owner and is:\n\n 1. Survived by one or more other joint owners, the property that is the\n subject of a transfer on death deed belongs to the surviving joint owner or\n owners with right of survivorship but remains subject to the naming of the\n designated beneficiary in the transfer on death deed; or\n\n 2. The last surviving joint owner, the transfer on death deed is effective.\n\nD. A transfer on death deed transfers property without covenant or warranty of\ntitle even if the deed contains a contrary provision.\n\nHISTORY: 2013, c. 390; 2016, cc. 187, 269.","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}}