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.

Transfer on Death Deed for Clay County, West Virginia

Free transfer on death deed for property in Clay County. Requires notarization. Record at the local clerk of the county commission.

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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.

Recording a Transfer on Death Deed in Clay County

A transfer on death deed for Clay County property is recorded with the County Clerk at 246 Main Street, Clay, WV 25043. Phone: (304) 587-4259.

Recording costs $32 for the first 5 pages plus $1 for each page beyond 5; required form fees may include Sales Listing Form (Declaration of Consideration or Value) ($0); TOD deeds are generally transfer-tax exempt. Page count, cover sheets, and any local transfer-tax add-ons can change the final amount, so confirm the total with the County Clerk before submitting.

Before recording, a West Virginia transfer on death deed needs notary acknowledgment. The deed must be recorded before the owner's death to take effect.