A. A motor vehicle, trailer, or semitrailer may include in the certificate of title a designation of a beneficiary to whom the motor vehicle, trailer, or semitrailer shall be transferred after the death of the owner.
B. A motor vehicle, trailer, or semitrailer owned by one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the name of the sole owner followed by "transfer on death" or "TOD" and the name of the beneficiary.
C. A motor vehicle, trailer, or semitrailer owned by more than one person may be titled with a designated beneficiary by applying to the Department for a certificate of title on which is stated the names of the owners followed by "transfer on death" or "TOD" and the name of the beneficiary. Such application shall be signed by all owners of the motor vehicle, trailer, or semitrailer. Such transfer to the designated beneficiary shall occur upon the death of the last surviving owner. Nothing herein shall limit the rights of any surviving owner as provided in this section.
D. A certificate of title with a designated beneficiary shall not be issued if (i) any owner is not a natural person or (ii) the motor vehicle, trailer, or semitrailer is encumbered by a lien or security interest.
E. During the lifetime of the owner:
1. The beneficiary shall have no interest in the motor vehicle, trailer, or semitrailer and the signature or consent of the beneficiary shall not be required for any transaction; and
2. The certificate of title with the designated beneficiary shall not be issued by the Department or shall be canceled if:
a. The owner files an application for a certificate of title under subsection B or C to remove or change the beneficiary;
b. The owner sells the motor vehicle, trailer, or semitrailer and delivers the certificate of title to another person; or
c. An application for the recording of a lien or security interest has been filed with the Department for the motor vehicle, trailer, or semitrailer prior to the death of the owner or filed within the time limits in § 46.2-639.
F. Except as provided in this section, the designated beneficiary shall not be changed or revoked by will or any other instrument, by a change in circumstances, or in any other manner.
G. A certificate of title with a designated beneficiary shall not be required to be supported by consideration and need not be delivered to the beneficiary to be effective.
H. Upon the death of the owner and application by the beneficiary, the Department shall issue a new certificate of title in accordance with § 46.2-600 for the motor vehicle, trailer, or semitrailer to the beneficiary. The beneficiary must apply for a certificate of title upon submitting proof of the death of the owner and such other documents and information as the Department may reasonably require. If the beneficiary does not survive the owner or does not apply for a certificate of title within 120 days of the death of the owner, the beneficiary or his estate shall have no right to obtain title to the motor vehicle, trailer, or semitrailer under this section. Upon transfer of title to the beneficiary, the Department shall cancel the registration of the deceased owner.
I. Any transfer pursuant to this section shall be subject to any lien or security interest authorized under § 46.2-644, 46.2-644.01, or 46.2-644.02.
J. Any transfer pursuant to this section is not testamentary and shall not be subject to the provisions of Title 64.2.
2013, c. 318; 2020, c. 974.
Structure Code of Virginia
Chapter 6 - Titling and Registration of Motor Vehicles
§ 46.2-600. Owner to secure registration and certificate of title or certificate of ownership
§ 46.2-600.1. Indication of special communication needs
§ 46.2-601. Appointment of Commissioner agent for service of process
§ 46.2-602. Titling and registration of foreign market vehicles
§ 46.2-602.1. Titling and registration of replica vehicles
§ 46.2-602.2. Titling and registration of company vehicles of automotive manufacturers
§ 46.2-602.3. Titling and registration of converted electric vehicles
§ 46.2-602.4. Titling and registration of off-road motorcycle converted to on-road use
§ 46.2-603. Issuance of certificate of title and registration card
§ 46.2-603.1. Electronic titling and registration program
§ 46.2-606. Notice of change of address
§ 46.2-607. Duplicates for lost or mutilated indicia of titling and registration
§ 46.2-608. When application for registration or certificate of title rejected
§ 46.2-609. When registration may be suspended or revoked
§ 46.2-610. Suspension of registration on theft or embezzlement of vehicle; notices
§ 46.2-613. Infractions relating to registration, licensing, and certificates of title; penalties
§ 46.2-613.4. Special seizure provisions for unpaid fees and penalties
§ 46.2-613.5. Procedures for issuing and serving process in civil penalty cases
§ 46.2-614. Right to recover damages not affected
§ 46.2-615. Registration effective after death of owner
§ 46.2-616. Acquiring vehicle from vendor who does not have certificate of title
§ 46.2-617. Sale of vehicle without certificate of title
§ 46.2-619. New indicia of title; procedure as to leased vehicles
§ 46.2-620. Period of validity of certificate of title
§ 46.2-621. Application for certificate of title
§ 46.2-621.1. Correcting errors in titling
§ 46.2-622. Issuance of certificate of title in names of joint owners
§ 46.2-623. Statements in application
§ 46.2-624. Information required on vehicles damaged by water
§ 46.2-625. Specially constructed, reconstructed, replica, converted electric, or foreign vehicles
§ 46.2-627. Fee for certificate of title; use in special fund
§ 46.2-628. How certificate of title transferred
§ 46.2-630. Transfer and application for certificate of title forwarded to Department
§ 46.2-631. When transferred certificate of title need not be forwarded
§ 46.2-632. Transfer when certificate of title lost
§ 46.2-633. Transfer of title by operation of law
§ 46.2-633.1. Sale in Virginia of vehicle repossessed in another state
§ 46.2-633.2. Transfer of title on death
§ 46.2-634. Transfer of title when no qualification on estate
§ 46.2-635. Surrender of certificates for vehicles to be demolished; securing new title certificates
§ 46.2-636. Certificate to show security interests
§ 46.2-636.1. Security interests in farm tractors and special construction and forestry equipment
§ 46.2-637. Security interests subsequently created
§ 46.2-638. Certificate as notice of security interest
§ 46.2-639. Security interest may be filed within thirty days after purchase
§ 46.2-640. Priority of security interests shown on certificates of title
§ 46.2-640.1. Vehicle leases that are not sales or security interests
§ 46.2-641. Who to hold certificate of title subject to security interest
§ 46.2-642. Release of security interest shown on certificate of title
§ 46.2-643. Surrender of certificate of title required when security interest paid
§ 46.2-644.01. Lien of keeper of vehicles
§ 46.2-644.02. Lien of mechanic for repairs
§ 46.2-644.03. Enforcement of liens acquired under §§ 46.2-644.01 and 46.2-644.02
§ 46.2-644.04. Relinquishment of liens acquired under §§ 46.2-644.01 and 46.2-644.02
§ 46.2-644.1. Titling of all-terrain vehicles and off-road motorcycles
§ 46.2-644.2. Department's records; fees; exemption
§ 46.2-644.3. Acquisition of all-terrain vehicle or off-road motorcycle by dealer
§ 46.2-645. Registration of vehicles
§ 46.2-646. Expiration and renewal of registration
§ 46.2-646.1. Deactivation and reactivation of registration; fees
§ 46.2-646.2. Registration extension for satisfaction of certain requirements
§ 46.2-647. Grace period for replacement of license plates or decals and renewal of registrations
§ 46.2-648. Registration of logging vehicles
§ 46.2-648.1. Optional registration of tow dolly and converter gear
§ 46.2-649.1. Registration of tow trucks; fees
§ 46.2-649.3. Registration of covered farm vehicles
§ 46.2-649.4. Covered farm vehicles; exemptions
§ 46.2-650. Temporary permits or duplicate applications
§ 46.2-651. Trip permits; regulations; fees
§ 46.2-652. Temporary registration or permit for oversize vehicles; fees
§ 46.2-652.1. Temporary registration or permit for overweight vehicles; fees
§ 46.2-653.1. Conversion of manufactured home to real property
§ 46.2-654. Issuance of temporary registration certificates by motor vehicle auctions
§ 46.2-654.2. Temporary registration of fleet vehicles; penalty
§ 46.2-655. Reciprocity required
§ 46.2-656. Nonresident may operate temporarily without registration
§ 46.2-657. When registration by nonresident not required
§ 46.2-658. Regular operation other than for pleasure
§ 46.2-660. Operating vehicles in business in Commonwealth
§ 46.2-661. Extension of reciprocal privileges
§ 46.2-664. Vehicles used for spraying fruit trees and other plants
§ 46.2-665. (Effective until July 1, 2023) Vehicles used for agricultural or horticultural purposes
§ 46.2-665. (Effective July 1, 2023) Vehicles used for agricultural or horticultural purposes
§ 46.2-667. Farm machinery and tractors
§ 46.2-669. Tractors and similar vehicles owned by sawmill operators
§ 46.2-670.1. Vehicles owned by maritime cargo terminal operators
§ 46.2-671. Vehicles used at mines
§ 46.2-672. (Effective July 1, 2023) Certain vehicles transporting fertilizer, cotton, or peanuts
§ 46.2-673. (Effective until July 1, 2023) Return trips of exempted farm vehicles
§ 46.2-673. (Effective July 1, 2023) Return trips of exempted farm vehicles
§ 46.2-674. Vehicles used by commercial fishermen
§ 46.2-677. Self-propelled wheelchairs
§ 46.2-679.1. All-terrain vehicles
§ 46.2-679.2. Off-road motorcycles
§ 46.2-680. Vehicles transporting oyster shells
§ 46.2-682. Tractors, rollers, and other machinery used for highway purposes
§ 46.2-683. Traction engines; vehicles operating on rails
§ 46.2-684. Nocturnal use of highways by exempted vehicles
§ 46.2-684.1. Insurance coverage and proof of insurance for exempted motor vehicles
§ 46.2-684.2. Permanent farm use placards
§ 46.2-685. Payment of fees into special fund
§ 46.2-686. Portion of certain fees to be paid into special fund
§ 46.2-687. Failure to pay certain fees; penalty
§ 46.2-688. Refund of fees paid
§ 46.2-689. Refund of certain registration fees
§ 46.2-690. Refund for certain for-hire vehicles
§ 46.2-691. Credit to truck owner inducted into armed forces
§ 46.2-692. Fee for replacement of indicia of titling and registration
§ 46.2-692.1. Sample license plates; fee; use
§ 46.2-692.2. Fee for exchange of license plates
§ 46.2-693. Use of old plates and registration number on another vehicle
§ 46.2-695. Small rented ridesharing vehicles
§ 46.2-698. (Contingent expiration date - see Acts 2019, cc. 837 and 846) Fees for farm vehicles
§ 46.2-698. (Contingent effective date - see Acts 2019, cc. 837 and 846) Fees for farm vehicles
§ 46.2-702. Fees for service or wrecking vehicles
§ 46.2-703.1. Additional fee for fleets of vehicles registered under § 46.2-703
§ 46.2-704. Prohibited operations; checking on weights; penalties
§ 46.2-706.1. Insurance and surety companies to furnish certain insurance information
§ 46.2-707.1. Noncompliance fee payment plan
§ 46.2-710. Disposition of funds collected
§ 46.2-711. Furnishing number and design of plates; displaying on vehicles required
§ 46.2-712. Requirements of license plates and decals
§ 46.2-713. License plates and decals remain property of Department
§ 46.2-714. Permanent license plates
§ 46.2-715. Display of license plates
§ 46.2-716. How license plates fastened to vehicle; altering appearance of license plates
§ 46.2-718. Use of old license plates or decals after application for new
§ 46.2-719. Permit for emergency use of license plates
§ 46.2-720. Use of license plates from another vehicle in certain circumstances
§ 46.2-722. Altered or forged license plates or decals; use as evidence of knowledge
§ 46.2-724. Operation for hire of certain vehicles registered as not-for-hire; penalty
§ 46.2-725. Special license plates, generally
§ 46.2-725.3. Special license plates for recipients of certain military decorations
§ 46.2-726. License plates with reserved numbers or letters; fees
§ 46.2-727. Bicentennial license plates and decals; fees
§ 46.2-728. Special license plates incorporating the Great Seal of Virginia; fees
§ 46.2-728.2. Special license plates displaying a scenic design of Virginia; fees
§ 46.2-728.3. Special license plates displaying the official insect of the Commonwealth; fees
§ 46.2-729.1. Presidential inauguration license plates
§ 46.2-730. License plates for antique motor vehicles and antique trailers; fee
§ 46.2-730.1. License plates for military surplus motor vehicles; fee; penalty
§ 46.2-732. Special license plates and decals for the deaf; fees
§ 46.2-733. License plates for persons delivering unladen vehicles; fees
§ 46.2-736.1. Special license plates for certain officials; fees
§ 46.2-736.2. Special license plates for certain elected or appointed officials
§ 46.2-737. Special license plates for certain constitutional officers; fees
§ 46.2-738. Special license plates for amateur radio operators
§ 46.2-739. Special license plates for certain disabled veterans; fees
§ 46.2-740. Special license plates for survivors of Battle of Chosin Reservoir
§ 46.2-741. Special license plates for survivors of attack on Pearl Harbor; fees
§ 46.2-742. Special license plates for persons awarded Purple Heart; fee
§ 46.2-742.4. Special license plates for persons awarded the Combat Infantryman Badge
§ 46.2-744. Special license plates for members of National Guard; fees
§ 46.2-745. Special license plates for persons awarded the Medal of Honor; fees
§ 46.2-745.2. Special license plates for persons awarded the Armed Forces Expeditionary Medal
§ 46.2-745.3. Special license plates for persons awarded the Air Medal
§ 46.2-746. Special license plates for former prisoners of war; fees
§ 46.2-746.1. Special license plates for members of military assault forces
§ 46.2-746.2:2. Special license plates; members and former members of the 173rd Airborne Brigade
§ 46.2-746.2:3. Members and former members of the 3rd Infantry Regiment (Old Guard)
§ 46.2-746.2:4. Members of the Special Forces Association; fee
§ 46.2-746.4. Special license plates for members of certain military veterans' organizations
§ 46.2-746.5. Special license plates for National Guard retirees; fees
§ 46.2-746.7. Special license plates for members of certain civic and fraternal organizations
§ 46.2-746.8. Special license plates for members of certain occupational associations
§ 46.2-746.10. Special license plates for supporters of the AFL-CIO
§ 46.2-746.11. Special license plates for supporters of certain aviation education facilities; fees
§ 46.2-746.14. Special license plates; aviation enthusiasts
§ 46.2-746.22. Special license plates; members of the Sons of Confederate Veterans
§ 46.2-749.1. Special wildlife conservation plates
§ 46.2-749.2. Special Chesapeake Bay preservation plates; fees; fund
§ 46.2-749.2:1. Special license plates for supporters of certain children's programs; fees
§ 46.2-749.2:2. Special license plates for Virginians for the Arts; fees
§ 46.2-749.2:7. Special license plates for supporters of dog and cat sterilization programs; fees
§ 46.2-749.3. Special license plates for clean special fuel vehicles
§ 46.2-749.4:4. Commemorative license plates for counties, cities, and towns
§ 46.2-749.5. Special license plates celebrating Virginia's tobacco heritage
§ 46.2-749.6. Special license plates for supporters of the National Rifle Association
§ 46.2-749.7. Special license plates for supporters of Ducks Unlimited
§ 46.2-749.8. Special license plates for Harley-Davidson motor vehicle owners
§ 46.2-749.9. Special license plates; Virginia Bowler
§ 46.2-749.13. Special license plates; Internet commerce industry
§ 46.2-749.14. Special license plates; supporters of greyhound adoption programs
§ 46.2-749.18. Special license plates; horse enthusiasts
§ 46.2-749.26. Special license plates; Natural Bridge of Virginia
§ 46.2-749.28. Special license plates; Oceana Naval Air Station
§ 46.2-749.29. Special license plates; supporters of Operation Wildflower; fees
§ 46.2-749.31. Special license plates; Virginia lighthouses
§ 46.2-749.40. Special license plates; Class-J No. 611 steam locomotive
§ 46.2-749.45. Special license plates; supporters of the Virginia Breast Cancer Foundation
§ 46.2-749.46. Special license plates; naval aviators
§ 46.2-749.48. Special license plates for supporters of Family and Children's Trust Fund; fees
§ 46.2-749.54. Special license plates; BoatU.S
§ 46.2-749.58. Special license plates bearing the legend: FOX HUNTING
§ 46.2-749.60. Special license plates bearing the legend: UNLOCKING AUTISM
§ 46.2-749.62. Special license plates whose design incorporates the flag of the United States
§ 46.2-749.66. Special license plates; victims of attack on USS Cole
§ 46.2-749.68. Special license plates; Parrothead Club
§ 46.2-749.73. Special license plates; supporters of the Washington Redskins football team; fees
§ 46.2-749.78. Special license plates; United We Stand
§ 46.2-749.80. Special license plates bearing the legend: EDUCATION BEGINS AT HOME
§ 46.2-749.81. Special license plates; supporters of NASA facilities in Virginia
§ 46.2-749.86. Special license plates; members and supporters of the Urban League of Hampton Roads
§ 46.2-749.89. Special license plates bearing the legend FRIENDS OF TIBET; fees
§ 46.2-749.102. Special license plates; supporters of Virginia agriculture; fees
§ 46.2-749.105. Special license plates to encourage participation in the organ donor program
§ 46.2-749.110. Special license plates; supporters of the Virginia Sheriffs' Institute; fees
§ 46.2-749.111. Special license plates for bicycle enthusiasts
§ 46.2-749.115. Special license plates; Juvenile Diabetes Research Foundation; fees
§ 46.2-749.119. Special license plates; members and supporters of Resolution Virginia; fees
§ 46.2-749.130. Special license plates for supporters of the Surfrider Foundation; fees
§ 46.2-750. Vehicles of Commonwealth, its political subdivisions, and regional jail authorities
§ 46.2-750.1. Vehicles used for police work
§ 46.2-751. State-owned passenger vehicles
§ 46.2-753. Additional license fees in certain localities
§ 46.2-754. Local motor vehicle licenses in Arlington County
§ 46.2-755. Limitations on imposition of motor vehicle license taxes and fees
§ 46.2-756. Collection by Department of certain license fees