Transfers of real property by will

Question 1

Virginia has adopted the Uniform Real Property Transfer on Death Act

Answer 1

Under that statute, a grantor can write out a deed while still alive that will become effective and transfer real property to one or more beneficiaries at the grantor’s death.
The grantor only has to write and record it during the grantor’s lifetime The deed remains revocable until the grantor’s death

Question 2

Virginia law does NOT provide for exoneration of liens

Answer 2

When property is divided by will, it remains subject to any mortgage, lien, or other encumbrance
The devisee has no right to have these paid by the estate unless the decedent specified this right in the will

Question 3

Virginia law provides for abatement of personal property before real property

Answer 3

If estate is not sufficient to cover all expenses and bequests, shortfall will come real property before it is drawn from real property