West Virginia property deeds
Deed rules are state law, and West Virginia's differ from its neighbors 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
- $1.65 to $3.85 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- $32 up to 5 pages
- E-recording
- Approved submitters
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. Each signer must appear before the notary and acknowledge the signature. |
| Witnesses | None |
| Preparer statement | Required. The county clerk will not record a deed unless it ends with the name of the person who prepared it, for example "This instrument was prepared by Ada Owner" (W. Va. Code § 39-1-2a). Deedly prints it as the last line of the deed. |
| Grantee signature | Required on a quitclaim deed or any deed given for no payment on which no transfer tax is paid, unless it is between spouses, parent and child, or grandparent and grandchild. A deed recorded without it is void (W. Va. Code § 39-1-2(b)(2)). Not required on a transfer-on-death deed. Deedly prints a signature line and acknowledgment for each grantee on every deed not given for a price. |
| Grantee address on the deed | Printed on the deed. The Sales Listing Form also needs the new owner's mailing address and the address for tax statements. |
| Prior deed reference | Required in practice. The deed should state the deed book and page by which the grantor took title (the "And Being" clause), and the tax district. Jefferson County will not record a deed without them, and the Sales Listing Form asks for the same book and page. Deedly prints both below the legal description. |
| Spousal joinder | Not required: West Virginia abolished dower and curtesy (W. Va. Code § 43-1-1). A married owner must still tell the spouse about the transfer, before it or within 30 days after it (§ 43-1-2). |
West Virginia document formatting rules
A safe layout for West Virginia is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county clerk's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every West Virginia document to. Writing into the recorder's stamp area is the most common formatting rejection there is.
- Type no smaller than 10 point, with at least 2 points between lines, printed on one side of the paper only (W. Va. Code § 39-1-11). A deed that breaks these rules costs one and one-half times the recording fee.
- West Virginia law sets no top margin. Clerks need room for the recording stamp (Jefferson County asks for 2 inches); Deedly leaves 3 inches at the top of page one.
West Virginia transfer tax and recording fees
West Virginia charges Excise tax on privilege of transferring real property at $1.65 to $3.85 per $500 of value, depending on the county: $1.10 set by state law (kept by the county since July 1, 2025), plus a county excise tax of $0.55 to $1.65, plus up to $1.10 more in counties with a farmland protection program (Cabell County charges $2.75 per $500). Customarily paid by the grantor. The county sets part of the rate, so ask your county clerk for the current rate. Unless one of West Virginia's exemptions applies, a gift is taxed on the property's actual value, and since June 12, 2026 so is a quitclaim deed given for no payment (W. Va. Code § 11-22-1).
Common exemptions: transfers between spouses, transfers without consideration between parent and child or grandparent and grandchild (including the child's or grandchild's spouse) or between siblings (stepchildren and adopted children count), transfers into a testamentary or inter vivos trust, transfers without consideration to or from an LLC wholly owned by the grantor or the grantor's trust, transfers under a divorce property division (W. Va. Code § 48-7-109), corrective or confirmatory deeds without consideration, property worth $1,000 or less (assessed value divided by 0.60), and transfer-on-death deeds (W. Va. Code § 36-12-9(3)).
A Sales Listing Form has to travel with every deed
West Virginia requires a completed Sales Listing Form (State Tax Commissioner form STC 12:39) with every deed, including gifts and exempt transfers. The county clerk may not record a deed without it (W. Va. Code § 11-22-6). The deed itself must also end with a declaration of its price or value, or of why it is exempt from the transfer tax. Deedly prints that on the deed.
Recording fees run $32 for up to 5 pages. Set by state law and the same in every county: $30 to record a deed (W. Va. Code § 59-1-10(a)(1)) plus a $2 records preservation fee (§ 5A-8-15(h)), $32 for a deed of up to five pages. A document of more than five pages also pays $1 for each additional page (§ 59-1-10(a)(7)); the statute does not say which page that counts from, so ask your county clerk. A transfer for consideration, such as a sale, also pays a $20 Affordable Housing Fund fee (§ 11-22-2(a)). A deed printed on both sides or in type under 10 point is recorded at one and one-half times the fee (§ 39-1-11).
See how West Virginia's transfer tax and recording fee compare with other states.
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.
What the law presumes for married couples
West Virginia law removes automatic survivorship between co-owners, married or not: they hold as tenants in common unless the deed plainly says the survivor takes the whole (W. Va. Code §§ 36-1-19, 36-1-20). A married couple who want survivorship must say so on the deed.
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. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Kanawha · Berkeley · Monongalia · Cabell · Wood · Jefferson. all West Virginia recording offices
Why deeds get rejected in West Virginia
- Since July 11, 2025, a quitclaim deed or other deed given for no payment, on which no transfer tax is paid, must also be signed by each grantee and acknowledged before a notary, unless it is between spouses, parent and child, or grandparent and grandchild. A deed recorded without it is void (W. Va. Code § 39-1-2(b)(2)).
- Every deed needs a completed Sales Listing Form (STC 12:39), and the deed itself must state its price or value, or why it is exempt from transfer tax.
- The deed should state the tax district and where the grantor got title (the "And Being" clause, with the prior deed's book and page). Jefferson County will not record a deed without them.
- The deed must end with the name of the person who prepared it ("This instrument was prepared by ...") (W. Va. Code § 39-1-2a).
- The transfer tax rate depends on the county: from $1.65 to $3.85 per $500 of price or value. Ask your county clerk for its rate.
- West Virginia has a statutory transfer-on-death deed (W. Va. Code § 36-12-1 et seq.). A lady bird deed rests on the general rule in § 36-1-16 instead of a statute of its own, so the transfer-on-death deed is the safer choice.
From $29. 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.
$32 for up to 5 pages. West Virginia also charges excise tax on privilege of transferring real property at $1.65 to $3.85 per $500 of value, depending on the county: $1.10 set by state law (kept by the county since July 1, 2025), plus a county excise tax of $0.55 to $1.65, plus up to $1.10 more in counties with a farmland protection program (Cabell County charges $2.75 per $500).
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
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed 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.