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HB 1871

Transfer on death deeds; inter vivos deed conveying real property to another.

2025 Regular Session Introduced by Marcus Simon

Virginia authorizes transfer-on-death deeds allowing property owners to designate beneficiaries who automatically receive real estate upon death, bypassing probate.

Acts of Assembly Chapter text (CHAP0085)
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Bill Summary · HB 1871

Legislative bill overview

HB 1871 authorizes Virginia residents to execute "transfer on death" (TOD) deeds, which allow property owners to designate a beneficiary to receive real property upon their death without going through probate. The deed becomes effective only after the owner's death, while the owner retains full control and ownership during their lifetime.

Why is this important

TOD deeds provide an alternative to traditional estate planning tools like wills and trusts, potentially reducing probate costs and delays for families transferring property. This mechanism is already used in numerous states and can simplify the property transfer process for straightforward situations, though it doesn't replace comprehensive estate planning for complex situations.

Potential points of contention

  • Probate industry concerns: Attorneys and title companies may see reduced demand for estate planning services and probate proceedings for simple property transfers
  • Creditor rights: Questions about whether creditors can still claim against transferred property or whether the transfer shields assets from estate debts
  • Unintended consequences: Potential for disputes if owners forget about TOD deeds, change circumstances without updating them, or if beneficiaries predecease the owner
  • Tax implications: Unclear interaction with Virginia tax obligations and whether federal estate tax considerations receive adequate disclosure to users

Compiled from official sources — confirm details with the bill’s official record.

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