Bill > HB1871

This bill modifies existing Virginia law regarding transfer on death deeds (TOD deeds), which are legal documents that allow property owners to designate beneficiaries who will automatically receive their real property upon their death without going through probate. The key change is in how a TOD deed can be revoked: previously, an inter vivos deed (a deed transferring property during the owner's lifetime) could only revoke a TOD deed if it expressly stated that revocation, but now an inter vivos deed will effectively revoke the TOD deed if it transfers the property to another person such that the original owner no longer owns the property at the time of their death. This means that simply selling or giving away the property will automatically cancel the previous TOD deed, without requiring specific language about revocation. The bill also clarifies that if multiple owners create a TOD deed together, revocation requires agreement from all living joint owners. An emergency clause is included, which means the law goes into effect immediately upon passage, rather than waiting for the standard implementation period.

Justice

https://lis.virginia.gov/bill-details/20251/HB1871