Quitclaim Deeds and Transferring Property in Virginia
How to sign and record a quitclaim or other deed in Virginia, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: The circuit court clerk records a deed for a signer who has acknowledged it (typically before a notary) or whose signature has been proved by two witnesses before the court or clerk. Va. Code § 55.1-600; § 58.1-801; § 58.1-802
| Signing and recording a deed | The circuit court clerk records a deed for a signer who has acknowledged it (typically before a notary) or whose signature has been proved by two witnesses before the court or clerk. Deeds are recorded in the clerk's office of the circuit court for the county or city where the land lies. A state recordation tax of 25 cents per $100 of the greater of the consideration or the property's assessed value applies, and localities may add their own recordation tax. On a sale, an additional grantor tax of 50 cents per $500 applies (half to the state, half to the locality), and the consideration must be stated on the first page. Exemptions from recordation tax exist, including for transfer on death deeds not given for consideration. Check with the circuit court clerk for local tax rates and recording requirements. |
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| Transfer-on-death deed | Yes. Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, be recorded before the owner's death in the land records of the circuit court clerk where the property is located, and meet the general recording requirements; if the property is owned jointly, all joint owners must sign. It requires the same capacity as a will, is revocable, and is exempt from recordation tax unless given for consideration. The beneficiary takes subject to existing mortgages and liens; divorce or annulment revokes a transfer to the former spouse unless the deed says otherwise. The statute includes optional forms for the deed and for revocation. |
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FAQ
What does a quitclaim deed need to be valid in Virginia?
The circuit court clerk records a deed for a signer who has acknowledged it (typically before a notary) or whose signature has been proved by two witnesses before the court or clerk. Deeds are recorded in the clerk's office of the circuit court for the county or city where the land lies. A state recordation tax of 25 cents per $100 of the greater of the consideration or the property's assessed value applies, and localities may add their own recordation tax. On a sale, an additional grantor tax of 50 cents per $500 applies (half to the state, half to the locality), and the consideration must be stated on the first page.
Does Virginia allow transfer-on-death deeds?
Yes. Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, be recorded before the owner's death in the land records of the circuit court clerk where the property is located, and meet the general recording requirements; if the property is owned jointly, all joint owners must sign. It requires the same capacity as a will, is revocable, and is exempt from recordation tax unless given for consideration. The beneficiary takes subject to existing mortgages and liens; divorce or annulment revokes a transfer to the former spouse unless the deed says otherwise. The statute includes optional forms for the deed and for revocation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.