James City Transfer on Death Beneficiary Affidavit Form (Virginia)
All James City specific forms and documents listed below are included in your immediate download package:
Transfer on Death Beneficiary Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included James City compliant document last validated/updated 11/13/2024
Transfer on Death Beneficiary Affidavit Guide
Line by line guide explaining every blank on the form.
Included James City compliant document last validated/updated 12/18/2024
Completed Example of the Transfer on Death Deed Beneficary Affidavit Document
Example of a properly completed form for reference.
Included James City compliant document last validated/updated 12/16/2024
The following Virginia and James City supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Beneficiary Affidavit forms, the subject real estate must be physically located in James City. The executed documents should then be recorded in the following office:
Clerk of the Circuit Court
5201 Monticello Ave, Suite 6, Williamsburg, Virginia 23188-8218
Hours: 8:30am - 4:30pm Monday-Friday
Phone: (757) 564-2242
Local jurisdictions located in James City include:
- Jamestown
- Norge
- Toano
- Williamsburg
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the James City forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in James City using our eRecording service.
Are these forms guaranteed to be recordable in James City?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by James City including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Beneficiary Affidavit forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in James City that you need to transfer you would only need to order our forms once for all of your properties in James City.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Virginia or James City. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our James City Transfer on Death Beneficiary Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
On July 1, 2013, Virginia enacted the Uniform Real Property Transfer on Death Act, codified at VA Code 64.2-621 et seq. (2012).
While the statutes contain suggested forms for the actual transfer on death deeds and associated revocations, the specifics for completing the transfer after the owner dies are less clear. In many cases, non-probate transfers of real property happen "as a function of law." In theory, this means there is no need for the beneficiary to act -- the named owner of the property automatically changes. In practice, however, it benefits the interests of all parties involved to formalize the updated status as soon as reasonably possible, especially since the beneficiary has the right to disclaim the conveyed interest.
One efficient method for stating the beneficiary's intent to accept the real estate is to execute and record an affidavit, which is a document containing statements made under oath. The affidavit should, at minimum, include:
1. The parties named in the transfer on death deed;
2. Residency and death information about the deceased owner;
3. Recording details for the transfer on death deed;
4. A description of and property ID for the real property being transferred;
5. Official copies of any necessary death certificates; and
6. Anything else required by the local agency responsible for recording and maintaining land records. In Virginia, this is typically the office of the clerk of the circuit court.
By recording such an affidavit, the beneficiary provides notice to the public of the change in ownership of the property. This is important because it helps to maintain a clear chain of title, or sequential record of owners. A clear chain of title will simplify future sales or mortgages of the property, since it indicates a reduced chance of unexpected claims against present or future owners.
Each situation is unique, so for specific advice, or to resolve more complex issues, contact a local real estate attorney.
(Virginia TOD Beneficiary Affidavit Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the James City recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your James City Transfer on Death Beneficiary Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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March 15th, 2019
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