A West Virginia transfer on death deed is a real estate conveyance document that takes effect upon the grantor’s passing. This type of deed allows the beneficiary named therein to gain interest in the property immediately after the owner’s death, avoiding the probate procedures that would require a greater amount of time to complete the conveyance. A transfer on death deed does not modify the grantor’s ownership rights, and they will be able to convey their interest to another party, should they wish to do so.
After executing a transfer on death deed, the grantor reserves the right to revoke the same by drafting and acknowledging a revocation instrument, which should then be recorded in the county clerk’s office of the county wherein the property is situated.
- Statutes: Chapter 36 (Estates and Property) and Chapter 36, Article 12 (Uniform Real Property Transfer on Death Act)
- Formatting: § 36-3-5a, § 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: County Clerk’s Office
- Recording Fees (§ 59-1-10(a)(1) & (7)): $25 for the first five (5) pages; $1 for each additional page.
- Forms:
- Sales Listing Form (Form STC 12:39): All instruments presented for filing must be accompanied by this document.