Updated on September 15th, 2022
A West Virginia transfer on death deed is a real estate conveyance document that transfers property ownership upon the owner’s passing. This type of deed allows the named beneficiary to gain interest in the property immediately after the owner’s death, avoiding the probate procedures that slow down the transfer process. A transfer on death deed does not modify the grantor’s ownership rights, and they will be able to revoke the transfer on death deed and sell their property whenever they please.
A deed similar to a transfer on death deed is the “lady bird” deed, in which both transfer an owner’s property to a beneficiary upon their death. The difference is that a transfer on death deed, unlike a lady bird deed, is governed by state law and cannot be modified.
- Statutes: Chapter 36 (Estates and Property) and Chapter 36, Article 12 (Uniform Real Property Transfer on Death Act)
- Formatting: § 36-3-5, § 36-12-9, § 39-1-2a, § 39-1-11. For local formatting rules, filers may contact the county clerk (see Jefferson County).
- Signing Requirements (§ 39-1-2): Notary Public or Two (2) Witnesses
- Where to Record (§§ 40-1-9, 39-1-2): County Clerk’s Office
- Recording Fees (§ 59-1-10(a)(1) & (7)): $30 for the first five (5) pages; $1 for each additional page.