Example of a properly completed form for reference.
Included Loudoun County compliant document last validated/updated 8/20/2024
18 E Market St / PO Box 550, Leesburg, Virginia 20176 / 20178
Hours: 8:00am - 4:00pm M-F
Phone: (703) 737-8160
Forms are available immediately after submitting payment.
Immediately after you submit payment, the Loudoun County 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.
This indicates the most recent date when at least one of the following occurred:
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Loudoun County including margin requirements, content requirements, font and font size requirements.
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Loudoun County that you need to transfer you would only need to order our forms once for all of your properties in Loudoun County.
Often when a deed is recorded, additional documents are required by Virginia or Loudoun County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
All of our Loudoun County 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.
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.
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
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.
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)
