Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.4.3 Errors in Affidavit of Acceptance

17.4.3 ERRORS IN AFFIDAVIT OF ACCEPTANCE

A beneficiary's affidavit of acceptance which contains errors in recitals of the date, date of recording, book and page/document number of record, or minor errors in the names of parties to the transfer on death deed, should be considered sufficient if said affidavit gives enough correct data to identify the transfer on death deed to which the affidavit refers.

The Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new Standard 17.4.2 be included to assist title examiners with understanding the impact of errors in the recitals of an acceptance affidavit. The Real Property Section approved the proposal and the House of Delegates adopted the Standard on July 12, 2024.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends the following changes be made to standards 17.4.2 and 17.4.3 in order to properly guide examining attorneys when drafting or exmaining acceptance(s) of land via a Transfer on Death Deed. Rule 17.4.2 was renumbered to 17.4.3. The recommendation was approved November 7, 2025. (superseded document available)