A. A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary.
Nontestamentary transfers also include writings stating that (i) money or other benefits due to, controlled by, or owned by a decedent before death shall be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later; (ii) money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or (iii) any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.
B. This section does not limit rights of creditors under other laws of the Commonwealth.
2001, c. 583, § 64.1-45.3; 2012, c. 614.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 6 - Transfers without Qualification
§ 64.2-601. Payment or delivery of small asset by affidavit
§ 64.2-602. Payment or delivery of small asset valued at $25,000 or less without affidavit
§ 64.2-603. Discharge and release of payor
§ 64.2-604. Payment or delivery of small asset; funeral expenses
§ 64.2-605. Construction of article
§ 64.2-607. Transfer of evidences of indebtedness, securities, and stock held in decedents' estates
§ 64.2-608. Transfer of securities of nonresident decedents
§ 64.2-609. Money and personal property belonging to nonresident decedents
§ 64.2-610. When court may allow another to qualify on estate
§ 64.2-611. Disposition by sheriff of property when no person entitled thereto
§ 64.2-613. Registration in beneficiary form; sole or joint tenancy ownership; applicable law
§ 64.2-614. Origination of registration in beneficiary form
§ 64.2-615. Form of registration in beneficiary form; effect
§ 64.2-616. Ownership on death of owner
§ 64.2-617. Protection of registering entity
§ 64.2-618. Nontestamentary transfer on death
§ 64.2-619. Terms, conditions, and forms for registration; examples
§ 64.2-620. Nonprobate transfers on death
§ 64.2-624. Transfer on death deed authorized
§ 64.2-625. Transfer on death deed revocable
§ 64.2-626. Transfer on death deed nontestamentary
§ 64.2-627. Capacity of transferor
§ 64.2-629. Notice, delivery, acceptance, consideration not required
§ 64.2-630. Revocation by instrument authorized; revocation by act not permitted
§ 64.2-631. Effect of transfer on death deed during transferor's life
§ 64.2-632. Effect of transfer on death deed at transferor's death
§ 64.2-634. Liability for creditor claims and statutory allowances
§ 64.2-635. Optional form of transfer on death deed
§ 64.2-636. Optional form of revocation
§ 64.2-637. Uniformity of application and construction
§ 64.2-638. Relation to federal Electronic Signatures in Global and National Commerce Act