Estate Planning for Brooke County, West Virginia Property Owners
For most Brooke County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Brooke County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Brooke County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Brooke County property passes through the Circuit Court — even simple West Virginia probates run 6+ months and start with about $95 in filing fees.
Record a Transfer-on-Death Deed in Brooke County
A transfer on death deed lets an owner name a beneficiary who receives Brooke County property automatically at death, without probate. It is recorded with the County Clerkduring the owner’s lifetime and can be revoked any time.
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.
Where to Record Property Documents
Deeds and other real property documents for Brooke County are recorded with the County Clerk, led by County Clerk Kimberly "Kimmy" Barbetta, at 632 Main Street Suite 201, Wellsburg, WV 26070. Phone: (304) 737-3661. Hours: Monday-Friday 9:00 AM - 5:00 PM.
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 under West Virginia law can change the final amount, so confirm the total with the County Clerk before submitting.
Brooke County accepts e-recording through CSC.
Recording Office Record
County Clerk
Brooke County · County Clerk · Kimberly "Kimmy" Barbetta
Address
Phone
Fax
Hours
E-recording
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Sales Listing Form (Declaration of Consideration or Value)RequiredDeeds and other documents offered for recordation under W. Va. Code 11-22No fee. W. Va. Code 11-22-6: the clerk "may not record any document with or without stamps affixed unless there is tendered with the document a completed and verified sales listing form for the benefit and use of the State Tax Commissioner." Preprinted forms are supplied to each county clerk by the State Tax Commissioner. | $0 |
Fee model: $32.00 records a deed of up to 5 pages — $30.00 under W. Va. Code 59-1-10(a)(1) plus the $2.00 records-preservation fee under W. Va. Code 5A-8-15(h). Each page over 5 costs $1.00 (59-1-10(a)(7)), and documents of 20+ pages add $1.00 for each additional 10 pages (5A-8-15(h)). Fees are set by statute and are uniform across all 55 counties; only the county excise-tax rate varies locally. Verified 2026-07-14 against code.wvlegislature.gov and the Monongalia County Clerk fee schedule effective July 1, 2025.
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Transfer tax
Excise tax on the privilege of transferring title to real estate: $1.10 per $500 of value ($2.20 per $1,000) (W. Va. Code 11-22-2(a)). Since July 1, 2025 this tax is retained by the county where it is collected. An additional $20 fee is assessed on the privilege of transferring real estate for consideration, deposited in the Affordable Housing Fund (W. Va. Code 11-22-2(a)). State; Additional COUNTY excise tax, which VARIES BY COUNTY: statutory base of $0.55 per $500 ($1.10 per $1,000); since July 1, 2017 a county commission may vote to increase it to as much as $1.65 per $500 ($3.30 per $1,000) (W. Va. Code 11-22-2(b)). Combined state + county therefore ranges from $3.30 per $1,000 to $5.50 per $1,000 depending on the county. Confirm the local rate with the county clerk. local. Transfer-on-death deeds are generally exempt (W. Va. Code 36-12-9(3): "notwithstanding section two, article twenty-two, chapter eleven of this code, a transfer on death deed is exempt from the payment of excise tax on the privilege of transferring real estate for the reason that no interest in the property is at the time of recording being passed to the beneficiary and the deed remains revocable until the death of the transferor." The exemption is express and statutory, not inferred.). The exemption is written into the TOD Deed Act itself and overrides W. Va. Code 11-22-2. No excise tax and no stamps are due when the TOD deed is recorded.
Verified July 14, 2026 · Source
A Living Trust Covers More Than One Deed
A transfer-on-death deed moves a single property. A revocable living trust holds the home, bank and investment accounts, and other assets together, so the whole estate skips the Circuit Court — not just the house. For a Brooke County family with more than one major asset, the trust is usually the cleaner plan.
Create a Revocable Trust in 15 minutes
Legal Sources
- W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Data sourced from West Virginia statutes and official state code. How we research.
Frequently Asked Questions
Deeds and other real property documents for Brooke County are recorded with the County Clerk at 632 Main Street Suite 201, Wellsburg, WV 26070. Call (304) 737-3661 to confirm current recording procedures.
Recording a deed in Brooke County 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, required cover sheets, and any local transfer tax can change the final total.
Brooke County accepts electronic recording through CSC. Paper recording by mail or in person is also accepted.
The County Clerk is open Monday-Friday 9:00 AM - 5:00 PM. Reach the office at (304) 737-3661. Confirm whether walk-in or mail-in recording is preferred before you go.
Yes. Deeds recorded in West Virginia must be signed in front of a notary before the County Clerk will accept them. A transfer-on-death deed follows the same execution rules — see the Brooke County signing requirements.
A transfer-on-death (TOD) deed names a beneficiary who receives the property automatically when the owner dies, without probate. The deed is recorded with the County Clerkduring the owner’s lifetime. Start one with the West Virginia TOD deed form.
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