Short answer

If a deed in Virginia contains clear words of survivorship (joint tenants with right of survivorship), title to the property passes automatically to the surviving joint tenant(s) when a co-owner dies. To reflect that change in the public land records you normally record a certified death certificate plus a short “Affidavit of Survivorship” (or similar instrument) with the circuit court where the deed is recorded. If all joint owners have died, or the deed lacks clear survivorship language, the property may need to pass through probate under Virginia law (Title 64.2). See the Virginia statutes on property and probate for background: https://law.lis.virginia.gov/vacode/title55.1/ and https://law.lis.virginia.gov/vacode/title64.2/.

Detailed answer — step-by-step under Virginia law

1. Confirm whether the deed actually creates a right of survivorship

Start by obtaining a copy of the recorded deed that created the joint ownership. Look for explicit language such as “with right of survivorship,” “as joint tenants with right of survivorship,” or similar wording. If the deed contains that language, Virginia recognizes the survivorship transfer so ownership passes automatically on death to the surviving joint tenant(s). You can obtain a copy of the deed from the Circuit Court Clerk’s office where the property is recorded. See Virginia Circuit Courts: https://www.vacourts.gov/courts/circuit.html and Virginia property statutes: https://law.lis.virginia.gov/vacode/title55.1/.

2. Get a certified copy of the death certificate(s)

Order a certified death certificate for any deceased co-owner from the Virginia Department of Health (VDH) Vital Records. Most clerks and title companies will require a certified copy to prove the death. VDH vital records: https://www.vdh.virginia.gov/vital-records/.

3. Prepare an affidavit to record (Affidavit of Survivorship / Certificate of Death)

Although the survivorship transfers automatically by operation of law, recording a short affidavit is the common and practical next step to create a public record showing the change in ownership. Typical elements of an affidavit you will record include:

• Legal description of the property and citation to the recorded deed (book/page or instrument number).
• Names of all original joint owners and the name(s) of the surviving owner(s).
• Statement that the recorded deed created a joint tenancy with right of survivorship (quote the deed language).
• Name and date of death of the deceased co-owner(s), with reference to the attached certified death certificate(s).
• Statement that, by operation of law, the surviving owner(s) is/are now sole owner(s).
• Notarized signature of the surviving owner or a person with knowledge.

Recording clerks or title companies often have sample affidavit forms or will accept a locally used form. A title company or attorney can prepare this affidavit for you if you prefer.

4. Record the affidavit and attachments with the Circuit Court Clerk

Take the notarized affidavit, certified death certificate(s), and a copy of the recorded deed to the Circuit Court Clerk’s office in the county or city where the property is located. The clerk will accept and index the affidavit so your change of ownership appears in the land records. Recording requirements and fees vary by locality; contact the clerk ahead of time for the fee and any local requirements. See circuit courts: https://www.vacourts.gov/courts/circuit.html.

5. When probate (or an executor/administrator deed) is required

If the deed does not clearly create survivorship, or if the last surviving joint tenant has died leaving no survivor, title will not pass automatically. In those situations the property will usually pass by the decedent’s will or by intestate succession and a probate process under Virginia law will be required. The personal representative (executor or administrator) will need a court-issued will admission or grant of administration and then may convey property by deed. See Virginia probate statutes at Title 64.2: https://law.lis.virginia.gov/vacode/title64.2/.

6. Address mortgages, liens, taxes, and title company requirements

Recording the affidavit does not remove mortgages or liens. Lenders often require satisfaction or payoff of any mortgage before approving sale or refinancing. Title insurance companies may require additional evidence (e.g., a probate certificate or an affidavit in a specific form). If any creditor claims or estate matters exist, the property may not be marketable until those are resolved.

7. If the deed language is ambiguous or other disputes arise

When the deed language is unclear, multiple heirs claim ownership, or a creditor or title defect exists, you will likely need legal help. An attorney can advise whether you should record an affidavit, open a probate estate, pursue a quiet-title action, or negotiate with lienholders. For more on statutes governing property and probate see: Property and Conveyances (Title 55.1) https://law.lis.virginia.gov/vacode/title55.1/ and Wills, Trusts, and Fiduciaries (Title 64.2) https://law.lis.virginia.gov/vacode/title64.2/.

Practical checklist — what to bring/do

• Get the recorded deed (book/page or instrument number) from the Circuit Court land records.
• Order certified death certificate(s) from VDH: https://www.vdh.virginia.gov/vital-records/.
• Draft or obtain an affidavit of survivorship matching local clerk requirements; sign and notarize it.
• Bring the affidavit, certified death certificate(s), and a copy of the recorded deed to the Circuit Court Clerk to file and index.
• Notify the county tax assessor and mortgage lender of the change in ownership, if required.
• Obtain an updated title report or certified copy of the recorded affidavit for your records.

Helpful Hints

• Confirm the exact recorded reference for the deed (instrument number, deed book and page, or document ID used by your clerk) — clerks index by those references.
• Some local clerks publish an affidavit template. Call the county/city circuit court clerk before you go to confirm local procedures and fees.
• If you plan to sell or refinance, contact the lender or title company early. They will tell you what recorded evidence they require.
• Recording an affidavit does not substitute for probate if the estate requires administration (for example, if all joint tenants are deceased or the deed is ambiguous).
• If multiple people claim the right of survivorship, do not record conflicting documents — seek counsel to avoid adverse claims.
• Keep certified originals and make certified copies for recording; many clerks return originals after making a certified copy for the file.
• If a co-owner died outside Virginia, a certified foreign death certificate may still be acceptable but confirm with the clerk.

When to consult an attorney

Consider talking to a Virginia real estate or probate attorney if:

• The deed lacks express survivorship language or is ambiguous.
• All joint owners have died and you are unsure who inherits.
• Creditors, liens, or disputes threaten the transfer of title.
• You need to clear or quiet title before a sale or refinance.

An attorney can prepare the precise recorded documents (affidavit, executor’s deed, or probate filings) and explain local forms and fees.

Resources and statute overviews

• Virginia Code — Property and Conveyances (Title 55.1): https://law.lis.virginia.gov/vacode/title55.1/
• Virginia Code — Wills, Trusts, and Fiduciaries (Title 64.2): https://law.lis.virginia.gov/vacode/title64.2/
• Virginia Department of Health — Vital Records (certified death certificates): https://www.vdh.virginia.gov/vital-records/
• Virginia Circuit Courts and local Clerk contact information: https://www.vacourts.gov/courts/circuit.html

Disclaimer: This article explains general Virginia procedures and is for educational purposes only. It is not legal advice. Laws and local practices vary. For advice about your specific situation, consult a licensed Virginia attorney or your local Circuit Court Clerk.