Free West Virginia Transfer on Death Deed

In West Virginia, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

Progress0%

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*

FREE & PRIVATE: This form is free—no account or credit card required. Your document contents and generated PDF never leave your browser—SimplyTrust does not transmit or store them. Contact details you provide (name, email, phone, state) are transmitted only to send the updates you agree to receive at download. You are responsible for saving your completed document.

SELF-HELP SERVICE: SimplyTrust provides a self-help document preparation service. We are not a law firm and cannot provide legal advice, select forms for you, or tell you how to complete forms. Our role is limited to providing a platform where you input your own information into document templates.

NOT LEGAL ADVICE: This document was created entirely based on your selections. SimplyTrust does not review, analyze, or verify your entries, nor do we verify your identity, capacity, or authority to act. You are solely responsible for determining whether this document meets your needs and for completing all required execution formalities (signatures, witnesses, notarization, or recording) in accordance with your state's laws. For any legal questions, consult a licensed attorney in your state.

West Virginia prescribes no form. The deed must state that the transfer to the designated beneficiary is to occur at the transferor's death.

A West Virginia transfer on death deed is recorded with the Clerk of the County Commission for the county where the property sits and must be on record before the owner's death to take effect. The deed 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).

Co-owners may sign one deed together. The deed is signed by every owner whose interest it transfers.

West Virginia lapses the share of a beneficiary who dies before the owner. The deed can name a successor beneficiary to take in that case. If a beneficiary designated in this deed does not survive the transferor, any contingent beneficiary named in this deed to take that beneficiary's interest receives it.

The beneficiary takes the property subject to the mortgages, liens and other encumbrances on it at death. During the transferor's life the deed does not affect the transferor's or the beneficiary's eligibility for public assistance (W. Va. Code 36-12-12(4)). The deed moves this parcel alone; a revocable living trust set up with SimplyTrust carries the rest of the estate.

West Virginia Transfer on Death Deed

West Virginia allows transfer on death deeds, 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.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Data sourced from West Virginia statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

New Home

How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.

Learn more

Retirement

Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.

Learn more

Forms for Planning Your Estate in West Virginia

Free forms for planning your estate in West Virginia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

Free

Healthcare Power of Attorney

West Virginia requires 2 witnesses and notarization for a healthcare power of attorney.

Get Started

Free

Financial Power of Attorney

West Virginia treats a power of attorney as durable by default, and it is signed before a notary.

Get Started

Free

Living Will

In West Virginia, the living will is the Living Will, a written instruction that is valid with no agent named.

Get Started

Free

Last Will and Testament

In West Virginia, a will is signed before 2 witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit.

Get Started

All West Virginia forms

Tools for Planning Your Estate in West Virginia

Free tools for planning your estate in West Virginia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

Do I Need a TOD Deed?

West Virginia authorizes transfer on death deeds: a recorded, revocable deed that passes real property at death outside probate.

Check Now

Do I Need a Vehicle TOD?

West Virginia does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.

Check Now

What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in West Virginia runs $2,870 to $4,305 and a simple will $861 to $1,722, against $0 to $549 up front plus a subscription with an online service.

Compare Costs

How Much Life Insurance Do I Need?

In West Virginia, four years at a public university cost about $81,076 and the cost of living is 10% below the U.S. average; no state estate or inheritance tax applies.

Use Calculator

Are My Beneficiary Designations Protected?

West Virginia does not revoke an ex-spouse as beneficiary at divorce; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

Check Now

How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

Check Requirements

Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

Check Portability

How Much Does Probate Cost?

Probate on a $500,000 estate in West Virginia costs an estimated $30,331. Attorney fees run 1.6% to 2.6% of the estate under a reasonable-compensation standard.

Use Calculator

All West Virginia tools

West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.

Free West Virginia Transfer on Death Deed

In West Virginia, a transfer on death deed is signed before a notary, then recorded with the county before the owner's death.

Progress0%

West Virginia Transfer on Death Deed

Free West Virginia Transfer on Death Deed

Owner Information

Is this your situation?

New Home

Retirement

Forms for Planning Your Estate in West Virginia

Healthcare Power of Attorney

Financial Power of Attorney

Living Will

Last Will and Testament

Tools for Planning Your Estate in West Virginia

Do I Need a TOD Deed?

Do I Need a Vehicle TOD?

What Does Estate Planning Actually Cost?

How Much Life Insurance Do I Need?

Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

Will My Estate Documents Transfer?

How Much Does Probate Cost?

When you're ready, we're here.

West Virginia Estate Planning Resources

Free West Virginia Transfer on Death Deed

Owner Information