How to transfer real property after a spouse dies (Virginia)

Quick answer: The exact steps depend on how the property is titled (sole ownership, joint tenancy/tenancy by the entirety, trust, or will). Typical steps include: obtain certified death certificate(s); confirm title ownership by reviewing the recorded deed; if the decedent owned the property alone, open probate or obtain authority to act for the estate; prepare a deed signed by the person with legal authority (personal representative, surviving joint owner, or trustee); notarize the deed; and record the deed in the circuit court land records in the county where the property is located.

Detailed answer — what to check first and why it matters

Start by finding the current deed and confirming how the decedent owned the property. That determines the route to transfer.

Tenancy by the entirety / joint tenants with right of survivorship: When a married couple holds title as tenancy by the entirety (the common form for married owners in Virginia) or as joint tenants with right of survivorship, ownership usually passes automatically to the surviving spouse on death. Recording a certified copy of the death certificate and an affidavit of survivorship or an affidavit for recordation may be enough to update the title record. No probate may be necessary for the survivorship transfer.
Sole ownership (the decedent owned the property alone): Real property owned solely by the decedent generally must pass through probate (testate or intestate) unless other transfer devices apply. The personal representative (executor or administrator) appointed by the circuit court will have authority to convey estate real estate. See Virginia laws on wills and administration: Va. Code Title 64.2.
If there is a will: The will typically names a personal representative who, after being appointed by the circuit court and receiving letters testamentary, can sign a deed transferring title to the beneficiary (your child) in accordance with the will.
If there is no will (intestate): Virginia intestacy rules determine who inherits. If the surviving spouse is entitled to the property under Va. Code intestacy provisions, the child may not become owner immediately. If the child is the heir, the court will appoint an administrator who can convey the property. See Va. Code Title 64.2 for probate and intestacy procedures: https://law.lis.virginia.gov/vacode/title64.2/.
Trusts or other instruments: If the decedent placed the property in a living trust or recorded a transfer-on-death instrument, the trustee or designated beneficiary handles the transfer per the trust or instrument terms. Check the trust documents and recorded instruments and consult the appropriate statutes in Va. Code Title 55.1 (property & conveyances): https://law.lis.virginia.gov/vacode/title55.1/.

Step-by-step process to get the deed recorded in Virginia

Obtain certified death certificate(s). Order several certified copies through the Virginia Department of Health — Division of Vital Records. The recorder will almost always require a certified copy when confirming a transfer on death: VDH Vital Records.
Get a certified copy of the current recorded deed. Contact the Clerk of the Circuit Court in the county or city where the property is located and get a certified copy of the deed on file. This shows exactly how title is held now and contains the legal description you will need for any new deed.
Decide the legal route to transfer:
- If survivorship applies (tenancy by the entirety or joint tenancy), prepare an affidavit of survivorship and the recorder/land records office will typically accept recording with a certified death certificate.
- If the decedent owned the property alone, open probate (if needed) and request issuance of Letters Testamentary or Letters of Administration from the circuit court. The appointed personal representative uses those letters to sign the deed.
- If property passes outside probate (trust, beneficiary designation, or valid transfer-on-death instrument), follow the instrument’s procedures and present the required certified documents to the recorder.
Prepare the deed correctly. The deed should include:
- The correct grantor name (for an estate conveyance, the grantor may be something like “John Doe, Personal Representative of the Estate of Jane Doe, Deceased” and should reference the circuit court cause number).
- The legal description taken exactly from the recorded deed.
- The grantee’s name (your child) and any marital status if required by local practice.
- Type of deed (executor’s deed, special warranty, or quitclaim — personal representatives commonly use an executor’s deed). A Virginia real estate attorney or title company can help choose the correct deed form.
Signatures and notarization. The person authorized to sell or transfer title (surviving joint owner, personal representative, or trustee) must sign the deed before a notary public. If a personal representative signs, some localities also ask that a certified copy of the Letters or the court order appointing the representative be recorded or submitted with the deed.
Record the deed with the local Clerk of the Circuit Court. Bring the original signed and notarized deed, a certified copy of the death certificate, and any required probate documents (Letters, certified will copy, or affidavits) to the clerk’s recording office in the county where the property is located. Pay recording fees and any applicable recordation taxes or transfer fees required by the locality. Check the clerk’s website or call ahead for exact document and fee requirements: Virginia Circuit Court information.
Notify the mortgage lender, tax assessor, and insurance company. If there is a mortgage on the property, contact the lender immediately — a transfer may trigger lender requirements or a due-on-sale clause. Update the property tax account and homeowner’s insurance to reflect the new owner.
Consider title insurance and recording a deed promptly. After recording, obtain an updated title report or owner’s title policy showing your child as the owner. This protects against undiscovered liens or title problems.

Common obstacles and how to handle them

Mortgage or liens: Outstanding mortgage debt stays with the real estate. The lender may require payoff or refinance. A title search will reveal liens that must be cleared or addressed before clean transfer.
Disputed ownership or ambiguous deeds: If the recorded deed is unclear or other heirs dispute the transfer, the circuit court may need to resolve the issue through probate litigation.
No probate but real property involved: Real property rarely moves out of probate without a trust or valid recorded transfer. Confirm exceptions with the clerk or an attorney.

Where to get help in Virginia

Contact the Clerk of the Circuit Court where the property is located for instructions and forms specific to their office: Virginia circuit courts.
Review the Virginia Code sections on property and probate for more detail: Va. Code Title 55.1 (Property & Conveyances) and Va. Code Title 64.2 (Wills & Administration).
Consider hiring a Virginia real estate or probate attorney if the situation involves mortgages, contested claims, unclear title, or complicated estate issues.

Helpful hints

Order multiple certified death certificates right away — clerks and the recorder will need originals or certified copies.
Make sure you have the full legal description from the recorded deed; using a street address alone may cause recording problems.
If the surviving spouse is the owner by operation of law, and you want the child to be owner, the surviving spouse will likely need to sign a deed conveying the property (a lifetime gift) or execute estate planning documents while alive.
Get a title search before completing a transfer; that will reveal mortgages, liens, or title defects that must be resolved.
Keep all recorded documents (deed, Letters, probate file number) in a safe place and provide copies to your child and their title company.
Be aware of possible federal estate tax issues for very large estates; Virginia does not have a separate state estate tax. Consult a tax adviser if the estate is large.

Next practical steps right now: 1) Obtain a certified death certificate; 2) get a certified copy of the current deed from the county clerk; 3) call the circuit court clerk where the property is located and ask whether you need to open probate to transfer the property; and 4) talk with a Virginia probate or real estate attorney if you encounter a mortgage, unclear title, or potential disputes.

Disclaimer: This article explains general Virginia procedures and is for informational purposes only. It is not legal advice. Laws change and every situation is different. Consult a licensed Virginia attorney for legal advice specific to your facts.