{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-634.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-634.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-634.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-634.html"}],"law_id":55522,"edition_id":1,"section_id":55522,"structure_id":14266,"section_number":"64.2-634","catch_line":"Liability for creditor claims and statutory allowances","history":"2013, c. 390.","full_text":"A\n\nAfter the death of the transferor, and subject to the transferor’s right to direct the source from which liabilities will be paid, property transferred at the transferor’s death by a transfer on death deed is subject to claims of the transferor’s creditors, costs of administration of the transferor’s estate, the expenses of the transferor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children of the transferor including the family allowance, the right to exempt property, and the homestead allowance to the extent the transferor’s probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.B\n\nIf more than one property is transferred by one or more transfer on death deeds, the liability under subsection A is apportioned among the properties in proportion to their net values at the transferor’s death.C\n\nA proceeding to enforce the liability under this section shall be commenced not later than one year after the transferor’s death.","order_by":null,"text":{"0":{"id":203485,"text":"After the death of the transferor, and subject to the transferor’s right to direct the source from which liabilities will be paid, property transferred at the transferor’s death by a transfer on death deed is subject to claims of the transferor’s creditors, costs of administration of the transferor’s estate, the expenses of the transferor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children of the transferor including the family allowance, the right to exempt property, and the homestead allowance to the extent the transferor’s probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":203486,"text":"If more than one property is transferred by one or more transfer on death deeds, the liability under subsection A is apportioned among the properties in proportion to their net values at the transferor’s death.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":203487,"text":"A proceeding to enforce the liability under this section shall be commenced not later than one year after the transferor’s death.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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 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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 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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.<\/p>","references":[{"id":67079,"section_number":"64.2-531","catch_line":"Nonexoneration; payment of lien if granted by agent","order_by":null,"url":"\/64.2-531\/"}],"refers_to":false,"permalink":{"id":273791,"object_type":"law","relational_id":55522,"identifier":"64.2-634","token":"64.2\/II\/6\/5\/64.2-634","url":"\/64.2-634\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-634\/","token":"64.2\/II\/6\/5\/64.2-634","dublin_core":{"Title":"Liability for creditor claims and statutory allowances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-634","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> After the death of the transferor<\/span>, and subject to the transferor<\/span>’s right to direct the source from which liabilities will<\/span> be paid, property<\/span> transferred at the transferor<\/span>’s death by a transfer on death deed<\/span> is subject to claims of the transferor<\/span>’s creditors<\/span>, costs of administration of the transferor<\/span>’s estate, the expenses of the transferor<\/span>’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children of the transferor<\/span> including the family allowance, the right to exempt property<\/span>, and the homestead allowance to the extent the transferor<\/span>’s probate estate is inadequate to satisfy those claims, costs, expenses, and allowances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If more than one property<\/span> is transferred by one or more transfer on death deeds<\/span>, the liability under subsection A is apportioned among the properties in proportion to their net values<\/span> at the transferor<\/span>’s death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A proceeding to enforce the liability under this section shall be commenced not later than one year after the transferor<\/span>’s death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES (\u00a7 64.2-634)\n\nA. After the death of the transferor, and subject to the transferor’s\nright to direct the source from which liabilities will be paid, property\ntransferred at the transferor’s death by a transfer on death deed is\nsubject to claims of the transferor’s creditors, costs of administration\nof the transferor’s estate, the expenses of the transferor’s funeral\nand disposal of remains, and statutory allowances to a surviving spouse and\nchildren of the transferor including the family allowance, the right to exempt\nproperty, and the homestead allowance to the extent the transferor’s\nprobate estate is inadequate to satisfy those claims, costs, expenses, and\nallowances.\n\nB. If more than one property is transferred by one or more transfer on death\ndeeds, the liability under subsection A is apportioned among the properties in\nproportion to their net values at the transferor’s death.\n\nC. A proceeding to enforce the liability under this section shall be commenced\nnot later than one year after the transferor’s death.\n\nHISTORY: 2013, c. 390.","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}}