What happens to assets if your will leaves everything to your daughter — do you still need a TOD deed or POD?

Short answer: Yes — possibly. A will controls only assets that pass through probate. Transfer-on-death (TOD) deeds and payable-on-death (POD) beneficiary designations transfer specific assets outside probate. If you want your daughter to receive particular accounts or real estate without going through probate, TOD/POD or other non‑probate devices are often needed in addition to a will.

Detailed answer — how wills, TOD deeds, and POD designations work in Virginia

Start with the basic choices for passing property at death:

Will: directs distribution of assets that are part of your probate estate. The will becomes effective through the probate process. Probate in Virginia is governed by the Virginia Code (see Title 64.2): Virginia Code Title 64.2.
Payable-on-death (POD) or beneficiary designations: financial accounts, retirement plans, and some life insurance policies allow you to name a beneficiary who receives the asset directly when you die. These transfers bypass probate.
Transfer-on-death (TOD) deed (for real estate) or transfer-on-death registration for securities: these are document types that name a beneficiary to receive the property automatically at death. Many states provide statutory forms and rules for TOD deeds; real property law in Virginia is under Title 55.1: Virginia Code Title 55.1.
Joint ownership with right of survivorship: property held jointly with survivorship rights automatically goes to the surviving owner and bypasses probate.

Key practical rules and consequences:

If an asset has a valid beneficiary designation (POD, TOD account registration, retirement plan beneficiary, life insurance), that designation controls regardless of what your will says. For example, a bank account with a POD beneficiary to your son will pass to the son even if your will leaves everything to your daughter.
If real estate has a properly executed TOD deed naming a beneficiary, that deed governs for that parcel and the property will pass to the named beneficiary outside probate. Without a TOD deed, real estate will usually pass via probate under the terms of the will (or by intestacy if no valid will exists).
A will can be simpler and acts as a catchall for property that is not otherwise titled or that lacks beneficiary designations. But a will alone does not avoid probate for assets titled in your name alone.
Non‑probate transfers (POD/TOD/joint tenancy) generally speed distribution, reduce probate cost and public exposure, and may reduce executor involvement. They do not always protect against creditors or affect means‑tested benefits in the same way as other planning tools—creditors of the decedent may still have claims, and transfer timing can matter for Medicaid eligibility. For Medicaid or creditor protection concerns, speak with an attorney who handles elder law or asset protection.

Hypothetical examples

Example 1 — bank account: You have a bank account titled solely in your name and a will that leaves everything to your daughter. If you do not add a POD beneficiary, the bank account will generally be part of your probate estate and pass under the will after probate. If you add a POD beneficiary who names your daughter, the account will pass directly to her at death and avoid probate.

Example 2 — house: You own a house in your name alone and have a will leaving everything to your daughter. If you want the house to transfer to your daughter without a probate case, you can sign a TOD deed (if available under Virginia law) naming her as beneficiary. If you do not, the house will likely go through probate and transfer under your will.

Example 3 — conflicting directions: Suppose your will leaves everything to your daughter, but a brokerage account has a beneficiary designation naming your sibling. The brokerage account passes to the sibling despite the will. That mismatch can create family disputes.

When you should consider a TOD deed or POD designation even if you have a will

You want to avoid probate delay and cost for specific assets (bank accounts, brokerage accounts, stock, and some real estate).
You want a fast, private transfer of particular assets to your daughter.
You need to make sure specific assets go to the same person your will names (use beneficiary forms to align them).
You want a simple transaction for small accounts where probate would be disproportionate.

When a will alone may be sufficient

If you own little in your name alone and most assets already have beneficiary designations or joint owners.
If you are comfortable with the probate process and you prefer to have a single document (a will) govern distributions.
If you want an executor to manage claims, taxes, and complicated assets, probate may be appropriate.

Practical steps to take now

Inventory your assets: list bank accounts, retirement accounts, investment accounts, real estate, and personal property and note how each is titled and whether it has a beneficiary.
Check beneficiary designations on financial accounts and retirement plans. Update them if you want them to match your will.
Consider TOD deeds for real estate you want to leave outside probate. Confirm the exact statutory form and recording rules in Virginia before signing.
Talk with an estate planning attorney if you have complicated assets, creditor concerns, Medicaid planning needs, blended family issues, or potential conflicts among beneficiaries.
Keep your will and any beneficiary designations consistent. If they conflict for a particular asset, the non‑probate designation typically governs that asset.

Helpful links

Virginia Code — Wills and administration of estates (Title 64.2): https://law.lis.virginia.gov/vacode/title64.2/
Virginia Code — Real and personal property (Title 55.1): https://law.lis.virginia.gov/vacode/title55.1/

Helpful Hints

Keep beneficiary forms and will consistent. Non‑probate designations override the will for that asset.
Record real‑estate TOD deeds carefully and keep copies of recorded documents. Recording rules vary; an improperly recorded deed may not work.
Beneficiary designations on retirement accounts usually control even if they conflict with a will — check plan rules.
Regularly review designations after major life events (marriage, divorce, births, deaths) and every few years.
Consider the estate’s creditor exposure and potential tax or Medicaid consequences before using TOD/POD solely to avoid probate.
If in doubt, consult a Virginia estate planning attorney to tailor documents to your goals and to confirm compliance with state recording and form requirements.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general principles about wills, TOD deeds, and POD designations under Virginia law to help you understand your options. For advice about your specific circumstances and to prepare or review estate planning documents, consult a licensed Virginia attorney.