Virginia Deed Forms for Real Estate Transfers

A deed is a type of document used to transfer Virginia real estate. It allows one or more current owners (grantors) to transfer property to one or more new owners (grantees). Our online deed preparation service supports the following Virginia deed forms:

Virginia recognizes three types of deeds that are defined by the warranty of title they provide or don’t provide.

1. General Warranty Deed Form – Provides a full warranty of title that includes a covenant to defend title against all claims, including claims by third parties based on actions that occurred before the grantor owned the property. Va. Code Ann. §§ 55-68 and 55-70 et seq.
2. Special Warranty Deed Form – Provides a limited warranty of title that only covers the period when the grantor owned the property. Va. Code Ann. § 55-69.
3. Quit Claim Deed Form – Provides no warranty of title.

In addition to the deeds defined by warranty, two types of Virginia deeds are defined by their ability to avoid probate:

1. Virginia TOD Deed Form (Transfer-on-Death Deed) – A modern deed form to transfer real estate at death without going through probate and without sacrificing control of the property during the owner’s lifetime.
2. Life Estate Deed Form – An older form of deed that transfers property at death, but with significant drawbacks (including loss of complete control over the property during the owner’s lifetime).

Forms of Co-Ownership of Virginia Real Estate

A deed to multiple concurrent owners may vest title in three ways:

1. Tenancy in Common – A form of co-ownership in which each owner owns a proportionate interest in the property. On the death of an owner, the deceased owner’s proportionate interest passes to his or her probate estate.
2. Joint Tenancy with Right of Survivorship – A form of co-ownership in which each owner owns a proportionate interest in the property. On the death of an owner, the deceased owner’s interest passes to the surviving owner or owners without the need for
3. Tenancy by the Entirety – A form of spousal co-ownership that is similar to a joint tenancy with right of survivorship, except that the spouses are treated like a single owner. Neither spouse may convey the property without the consent of the other spouse, and creditors of only one spouse cannot seize the property without the consent of the other spouse.

If the deed is silent regarding the form of co-ownership, Virginia law assumes that the owners hold their concurrent interests as tenants in common. Va. Code Ann. § 55-20.2.

How to Transfer Virginia Real Estate

Several easy-to-follow steps are required to create a Virginia deed:

1. Locate the most recent deed to the property. Having the most recent deed will give you important information about how names are worded, how title is held, and the legal description of the property.
2. Create the new deed. Our Deed Generator uses an easy question-and-answer interview to create the right form of deed based on your circumstances.
3. Sign and notarize the new deed. To be valid, the deed must be signed and notarized. The deed must include notary acknowledgment blocks that meet the requirements of Virginia law. Our Deed Generator uses the acknowledgments that are based on the statutorily approved Virginia forms of acknowledgment defined in Va. Code Ann. § 55-118.6.
4. Record the deed in the land records of the clerk’s office of the circuit court in the jurisdiction where the property is located. Depending on the circumstances, the clerk’s office may requirement payment of recording tax and completion of a county-specific cover sheet.