Virginia property deeds
Deed rules are state law, and Virginia's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- Clerk of the Circuit Court
- Witnesses
- Notary only
- Transfer tax
- State recordation tax $0.25 per $100 of value
- First-page margin
- 3″ top
- Recording fee
- ~$33 first page
- E-recording
- Generally available
Deeds Virginia recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
Virginia does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in Virginia
Virginia requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Required |
| Grantee address on the deed | Required |
| Prior deed reference | Required |
| Spousal joinder | Not generally required |
Virginia document formatting rules
Circuit court clerks in Virginia expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
Virginia transfer tax and recording fees
Virginia charges Recordation tax and grantor's tax at State recordation tax $0.25 per $100 of value, plus a grantor's tax of $0.50 per $500, plus local recordation tax of one-third of the state amount. Customarily paid by the negotiated.
Common exemptions: transfers between spouses, gifts with no consideration, transfers to or from a revocable trust, and deeds of correction.
Recording fees run about $33 for the first page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in Virginia
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
Virginia allows tenancy by the entirety for married couples, and it can be held in a joint revocable trust while preserving creditor protection.
Where to record a deed in Virginia
Deeds are recorded with the Clerk of the Circuit Court in the county where the property is located. Virginia has 133 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Fairfax · Prince William · Virginia Beach · Loudoun · Chesterfield · Henrico · Chesapeake · Arlington · Norfolk · Richmond City · Alexandria. all Virginia recording offices
Why deeds get rejected in Virginia
- Virginia deeds must reference the prior instrument the grantor took title under, with deed book and page or instrument number. Clerks reject deeds missing that reference.
- Virginia has 95 counties AND 38 independent cities, each with its own circuit court clerk. Recording in the county when the property is in an independent city is a common error.
- Virginia recognizes transfer-on-death deeds under its Uniform Real Property Transfer on Death Act.
- Virginia allows tenancy by the entirety to be preserved inside a joint revocable trust. Unusual and valuable for asset protection.
From $39. Every Virginia rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the Clerk of the Circuit Court in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. Virginia does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $33 for the first page. Virginia also charges recordation tax and grantor's tax at State recordation tax $0.25 per $100 of value, plus a grantor's tax of $0.50 per $500, plus local recordation tax of one-third of the state amount.
Yes. The statute is Va. Code § 64.2-621 et seq. It must be recorded before the owner's death to be effective.
Keep reading
- Virginia quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Virginia general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Virginia special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- Virginia transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Virginia recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.