By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
What Is a Transfer on Death Deed?
As an attorney working with families across Northern Virginia, including Arlington County, I often explain the value of a Transfer on Death (TOD) deed.
Sometimes called a Transfer on Death Document (TODD), this legal tool allows you to name a beneficiary who will inherit your real estate automatically when you pass away—without the delays and expenses of probate.
Why TOD Deeds Appeal to Arlington Homeowners
Probate in Virginia can be costly and time-consuming.
For homeowners in Arlington, where property values are often substantial, the last thing families want is a long and expensive court process.
A TOD deed provides a private, efficient way to transfer ownership of your home or other real estate directly to your chosen beneficiary.
How TOD Deeds Work in Virginia
To be valid, a TOD deed in Arlington County must meet Virginia’s statutory requirements:
- Signed by the Owner: The property owner must sign the deed.
- Executed Properly: It must be notarized, and in some jurisdictions, witnesses may be required.
- Recorded with the County: The deed must be recorded with the Arlington County Clerk of the Circuit Court Land Records Division before the property owner’s death.
If the TOD deed is not recorded, it has no legal effect, even if it is signed.
Benefits of Using a TOD Deed
- Avoids Probate: The property passes outside of court involvement.
- Cost-Effective: Recording fees are far less than probate costs.
- Privacy: Transfers are handled through land records rather than public probate proceedings.
- Flexibility: The owner retains full rights during their lifetime, including the ability to revoke or change the beneficiary.
Limitations to Keep in Mind
TOD deeds are not a complete estate plan. Some key limitations include:
- Only Applies to Real Estate: It doesn’t transfer financial accounts, vehicles, or personal property.
- Subject to Creditors: Outstanding debts may still attach to the property before the beneficiary inherits.
- Not Recognized in Every State: If you own property outside Virginia, different rules may apply.
Common Misunderstandings I See
Many Arlington residents assume that creating a TOD deed is all they need for estate planning.
While it helps with real estate transfers, it does not address incapacity planning, guardianship for children, or how personal assets are handled.
A TOD deed should be one part of a larger estate plan.
Why Recording in Arlington County Matters
Because Arlington property records are maintained by the Circuit Court Clerk’s Land Records Office, recording there is essential.
If you fail to record the deed before your death, the property will still go through probate, and your wishes may not be carried out.
My Advice for Arlington Clients
When clients ask me about TOD deeds, I explain that they are a powerful but limited tool.
If your primary concern is ensuring your home passes smoothly to your children or spouse, a TOD deed can be very effective.
However, I always recommend pairing it with a will, trust, and powers of attorney for complete protection.
Final Thoughts
For homeowners in Arlington County, a Transfer on Death deed can provide peace of mind by keeping your property out of the probate process.
Still, every family’s situation is different, and the best results come from building a comprehensive estate plan.
If you live in Arlington and are considering whether a TOD deed is right for you, I encourage you to contact my office.
Together, we can ensure your property and your family’s future are safeguarded.
Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.
— Adam L. Engel, Esq.
Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
