West Virginia special warranty deed
Here is what West Virginia actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- $1.10 per $500 state
- First-page margin
- 3″ top
- Recording fee
- ~$27 first page
- E-recording
- Generally available
What a special warranty deed does in West Virginia
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When West Virginia property owners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What West Virginia requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What West Virginia says |
|---|---|
| Recording office | County Clerk |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Declaration of Consideration or Value |
| Also required | West Virginia requires a Declaration of Consideration or Value signed by the grantor or grantee (W. Va. Code § 11-22-6). |
How to complete and record it in West Virginia
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with West Virginia's statutory language, the correct notary block, and the 3-inch first-page margin county clerks expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Complete Declaration of Consideration or ValueWest Virginia requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in West Virginia
| Cost | Typical amount |
|---|---|
| Recording fee | About $27 for the first page plus about $1 per additional page |
| Transfer tax | Excise tax on privilege of transferring real property: $1.10 per $500 state, plus county excise tax that varies (commonly $1.65 per $500 combined) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
West Virginia charges an excise tax on privilege of transferring real property of $1.10 per $500 state, plus county excise tax that varies (commonly $1.65 per $500 combined). It is customarily paid by the grantor. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers between spouses, gifts with no consideration, and transfers to or from a revocable trust. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in West Virginia
West Virginia deeds are recorded with the County Clerk in the county where the property sits, not where you live. There are 55 counties in West Virginia.
Most West Virginia recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in West Virginia: Kanawha, Berkeley, Monongalia, Cabell, Wood, Jefferson. See all West Virginia recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of West Virginia law that catch people out
- West Virginia is unusual in recognizing BOTH a statutory transfer-on-death deed (W. Va. Code § 36-12-1) and, in practice, enhanced life estate deeds. The statutory TOD deed is the safer choice.
- A Declaration of Consideration or Value must accompany every deed.
- West Virginia abolished tenancy by the entirety.
- County excise tax rates vary; the combined rate is commonly $1.65 per $500.
How to hold title in West Virginia
When two or more people take title in West Virginia and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in West Virginia: joint tenancy with right of survivorship and tenancy in common.
$69, one time. Your finished deed appears in full before you pay, with West Virginia's witness rules, margins, and recording instructions already applied.
Common questions
No. West Virginia has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $27 for the first page and about $1 per additional page. West Virginia also charges excise tax on privilege of transferring real property of $1.10 per $500 state, plus county excise tax that varies (commonly $1.65 per $500 combined), though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. West Virginia requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the County Clerk in the county where the property is located, not where you live, and not where the buyer lives. West Virginia has 55 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- West Virginia quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- West Virginia general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- West Virginia transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- West Virginia lady bird deedAn enhanced life estate deed: you keep total control for life, and the property passes automatically at death.
- All deed rules for West VirginiaRecording offices, transfer tax, witness rules, and fees.
- West Virginia recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.