What are the signing requirements for a West Virginia transfer on death deed?

West Virginia requires the owner's signature and notary acknowledgment (W. Va. Code 36-12-1 to 36-12-17). No witnesses are required.

Free West Virginia Transfer on Death Deed

Free West Virginia transfer on death deed form. Transfer property at death without probate. notary acknowledgment. Record before death. PDF.

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Owner Information

Enter your information as the property owner (transferor). If the property is jointly owned, you’ll add the second owner below.

How is the property owned?*

Choose “Jointly owned” if two people are on the title (e.g. spouses as joint tenants or tenants by the entirety). Both owners must sign.

I am the sole ownerJointly owned with one other person

First Name*

Middle Name

Last Name*

Street Address*

City*

State*

ZIP Code*

State Where Property Is Located*

County Where Property Is Located*

Email Address*

Phone Number*

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Frequently Asked Questions About West Virginia Transfer on Death Deeds

A transfer on death deed in West Virginia transfers real property directly to a named beneficiary upon the owner's death, without probate. The deed is revocable during your lifetime. Use the TOD deed checker to see if this is the right fit.

West Virginia requires the owner's signature and notary acknowledgment. No witnesses are required. See all West Virginia signing requirements.

Yes. A West Virginia transfer on death deed must be recorded with the Clerk of the County Commission before death to be effective. An unrecorded deed has no legal effect. Must be recorded in the office of the clerk of the county commission in the county where the property is located before the transferor's death. Exempt from excise tax on real estate transfers per 36-12-9. May not be revoked by a revocatory act on the deed after recording (36-12-11).

Yes. West Virginia allows multiple beneficiaries on a transfer on death deed. Unless specified otherwise, they take title as tenants in common.

Yes. A transfer on death deed in West Virginia is revocable during the owner's lifetime (W. Va. Code 36-12-11). West Virginia recognizes: Recording a subsequent TOD deed that revokes expressly or by inconsistency; Recording an instrument of revocation that expressly revokes the deed; Inter vivos conveyance of the property (revokes whether or not expressly stated per 2023 HB 3499).

No. A transfer on death deed only transfers the specific real property named in it. Bank accounts, investments, and other property pass through whatever else you have in place — a will (probate) or a trust. A revocable living trust covers everything in one document, including the property this deed transfers. Set up a trust if you want a single instrument for the whole estate.

West Virginia Transfer on Death Deed

West Virginia allows transfer on death deeds (Yes), which transfer real property directly to a named beneficiary at death without probate. The deed is revocable during the owner's lifetime and does not affect the ability to sell, mortgage, or otherwise use the property.

Probate in West Virginia takes at least 6 months for simple estates. A TOD deed eliminates probate for the property it covers, regardless of value. For estates under $50,000, simplified procedures exist, but they still involve court paperwork. Compare the costs with the West Virginia probate calculator.

A TOD deed covers only real property and requires a separate deed for each parcel. A revocable trust covers all asset types in a single document and avoids probate for everything it holds. For families with multiple assets beyond real estate, the trust vs. will comparison shows the trade-offs.