West Virginia transfer-on-death deed
A transfer-on-death deed lets you name who inherits your West Virginia property without probate, while you keep full control, including the power to sell or mortgage it without anyone's signature. Here is exactly what West Virginia requires, what it costs, and where to file it.
- Recording office
- County Clerk
- Witnesses
- Notary only
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- $32 up to 5 pages
- E-recording
- Approved submitters
What a transfer-on-death deed does in West Virginia
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
In West Virginia the governing statute is W. Va. Code § 36-12-1 et seq.
The West Virginia law behind this deed
Start with W. Va. Code § 36-12-1 et seq. if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer-on-death deeds specifically | W. Va. Code § 36-12-1 et seq. |
| Conveyances generally | W. Va. Code § 36-1-1 |
| Recording with the County Clerk | W. Va. Code § 39-1-2 |
| Transfer tax | W. Va. Code § 11-22-2 |
When West Virginia property owners use a transfer-on-death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | Printed on the deed. The Sales Listing Form also needs the new owner's mailing address and the address for tax statements. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| 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 | Not required on a transfer-on-death deed (W. Va. Code § 39-1-2(b)(2)). |
| Prior deed reference | Required in practice. West Virginia deeds recite where the grantor got title (the "And Being" clause): the deed it came by, from whom, and that deed's book and page. Jefferson County will not record a deed without it, and the Sales Listing Form that goes with every deed asks for the same book and page (W. Va. Code § 11-22-6). Deedly prints the clause below the legal description. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Sales Listing Form (State Tax Commissioner form STC 12:39), with every deed. The county clerk may not record a deed without a completed one (W. Va. Code § 11-22-6). |
| Also required | West Virginia requires a deed that is subject to the transfer tax to end with a declaration of its price or value, signed by the grantor, the grantee, or another person familiar with the transaction (W. Va. Code § 11-22-6). A deed claimed to be exempt must say why instead (110 CSR 22 § 6.1). |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
West Virginia requires a reference to your prior deed
West Virginia deeds recite where the grantor got title (the "And Being" clause): the deed it came by, from whom, and that deed's book and page. Jefferson County will not record a deed without it, and the Sales Listing Form that goes with every deed asks for the same book and page (W. Va. Code § 11-22-6). Deedly prints the clause below the legal description.
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 the wording, notary certificate, and 3-inch first-page margin used for West Virginia deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete the Sales Listing Form (STC 12:39)The county clerk will not record the deed without it (W. Va. Code § 11-22-6). Get it from tax.wv.gov or the clerk's office. Your filing packet lists the answers from your deed.
- Record it with the County ClerkFile in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Clerk so the land records show them as the owners.
What it costs in West Virginia
| Cost | Typical amount |
|---|---|
| Recording fee | $32 for up to 5 pages |
| Transfer tax | None when recorded |
| Notary | A West Virginia notary may charge at most $10 per signature (W. Va. Code § 39-4-30(a)). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
No transfer tax: West Virginia exempts transfer-on-death deeds from the excise tax because they pass nothing until death (W. Va. Code § 36-12-9(3)). Your deed states the exemption. Take a completed Sales Listing Form (STC 12:39) with it, as with any deed.
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.
Many West Virginia recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in West Virginia: Kanawha, Berkeley, Monongalia, Cabell, Wood, Jefferson. See all West Virginia recording offices.
What a transfer-on-death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only 34 states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
- It does not cut off a surviving spouse's elective share. West Virginia's transfer-on-death statute yields to the elective share law (W. Va. Code § 36-12-13(a), referring to § 42-3-1 et seq.).
Quirks of West Virginia law that catch people out
- 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.
$49, 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 $49, versus roughly $150–$700 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 $32 for up to 5 pages. No transfer tax: West Virginia exempts transfer-on-death deeds from the excise tax because they pass nothing until death (W. Va. Code § 36-12-9(3)). Your deed states the exemption. Take a completed Sales Listing Form (STC 12:39) with it, as with any deed. 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).
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. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
Yes. Transfer-on-death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Clerk so the public record shows the change. It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 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
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.