Virginia Code 64.2-634: Liability for creditor claims and statutory allowances.
A. After the death of the transferor, and subject to the transferor’s right to direct the source from which liabilities will be paid, property transferred at the transferor’s death by a transfer on death deed is subject to claims of the transferor’s creditors, costs of administration of the transferor’s estate, the expenses of the transferor’s funeral and disposal of remains, and statutory allowances to a surviving spouse and children of the transferor including the family allowance, the right to exempt property, and the homestead allowance to the extent the transferor’s probate estate is inadequate to satisfy those claims, costs, expenses, and allowances.
Terms Used In Virginia Code 64.2-634
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Probate: Proving a will
- Property: means an interest in real property located in the Commonwealth that is transferable on the death of the owner. See Virginia Code 64.2-621
- Transferor: means an individual who makes a transfer on death deed. See Virginia Code 64.2-621
B. If more than one property is transferred by one or more transfer on death deeds, the liability under subsection A is apportioned among the properties in proportion to their net values at the transferor’s death.
C. A proceeding to enforce the liability under this section shall be commenced not later than one year after the transferor’s death.
2013, c. 390.