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Lady Bird Deeds in Virginia

Short answer: yes, under another name. Virginia law has long recognized the life estate deed with powers, which works like a lady bird deed. Deedly does not prepare one yet. Here is what the law says and what we prepare instead.

Reviewed September 1, 2026
Create my Virginia transfer-on-death deed

Virginia recognizes this deed as the life estate deed with powers

Virginia does not use the name "lady bird deed", but its law has long recognized the same idea under another name. Deedly does not prepare a life estate deed with powers yet. The deed below is the one we do prepare for the same goal.

How Virginia law treats the life estate deed with powers

Virginia has no statute that creates "lady bird" deeds by name. Virginia law does preserve a remainder after a life estate that carries a power to sell or otherwise dispose of the property: the remainder is defeated only to the extent the power is used (Va. Code § 55.1-106). Whatever is left passes to the remaindermen at the life tenant's death without probate. A mortgage or deed of trust the life tenant signs does not count as using the power unless the property is sold under it. Whether a life estate with powers that you reserve for yourself suits you, including how Medicaid treats it, is a question for a Virginia attorney.

The statute: Va. Code § 55.1-106 (formerly § 55-7, and § 5147 of the Code of 1919).

What Deedly prepares in Virginia instead

Create my Virginia transfer-on-death deed

$49, one time. The probate-avoidance deed Virginia does recognize, with the state's witness rules, margins, and recording instructions already applied. You read the finished document before you pay.

Common questions

Yes, as a life estate deed with powers. Virginia has no statute that creates "lady bird" deeds by name. Virginia law does preserve a remainder after a life estate that carries a power to sell or otherwise dispose of the property: the remainder is defeated only to the extent the power is used (Va. Code § 55.1-106). Whatever is left passes to the remaindermen at the life tenant's death without probate. A mortgage or deed of trust the life tenant signs does not count as using the power unless the property is sold under it. Whether a life estate with powers that you reserve for yourself suits you, including how Medicaid treats it, is a question for a Virginia attorney.

Deedly only prepares an instrument after checking its wording, filing steps, and tax treatment against that state's law. That review is not finished for Virginia's life estate deed with powers. No statute prescribes its wording, and the courts hold the owner to the exact words used, so the wording decides what powers you keep. It is worth getting right. In the meantime, the Virginia transfer-on-death deed does the same job and Deedly prepares it.

Florida, Michigan, Rhode Island, Texas, Vermont, and West Virginia have them by statute or settled practice. Maryland's courts also recognize a similar instrument, the life estate deed with powers. Missouri's courts also recognize a similar instrument, the life estate deed with powers. Virginia law also recognizes a similar instrument, the life estate deed with powers.

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Deedly is not a law firm

Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.