West Virginia property deeds
Deed rules are state law, and West Virginia's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
Deeds West Virginia recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | Yes, less common |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
How a deed has to be signed in West Virginia
West Virginia requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
West Virginia document formatting rules
County clerks in West Virginia expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
West Virginia transfer tax and recording fees
West Virginia charges Excise tax on privilege of transferring real property at $1.10 per $500 state, plus county excise tax that varies (commonly $1.65 per $500 combined). Customarily paid by the grantor.
Common exemptions: transfers between spouses, gifts with no consideration, and transfers to or from a revocable trust.
A form has to travel with the deed
West Virginia requires Declaration of Consideration or Value with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $27 for the first page plus roughly $1 per additional page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in West Virginia
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
Where to record a deed in West Virginia
Deeds are recorded with the County Clerk in the county where the property is located. West Virginia has 55 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Kanawha · Berkeley · Monongalia · Cabell · Wood · Jefferson. all West Virginia recording offices
Why deeds get rejected in West Virginia
- 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.
From $39. Every West Virginia rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Clerk in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. West Virginia does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $27 for the first page plus roughly $1 per additional page. West Virginia also charges excise tax on privilege of transferring real property at $1.10 per $500 state, plus county excise tax that varies (commonly $1.65 per $500 combined).
Yes. The statute is W. Va. Code § 36-12-1 et seq. It must be recorded before the owner's death to be effective.
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 special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- West Virginia transfer-on-death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- West Virginia recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
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.