For most McDowell 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 McDowell 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 McDowell 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.
Skipping this planning step means the Circuit Court decides who receives the property: a simple West Virginia probate takes 6+ months and opens with about $95 in court filing fees.
A transfer on death deed names a beneficiary who receives McDowell County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, a West Virginia transfer on death deed is signed with notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026View source.
Deeds and other real property documents for McDowell County are recorded with the County Clerk, led by County Clerk Donald L. Hicks, at 90 Wyoming Street Suite 109, Welch, WV 24801. Phone: (304) 436-8517.
The County Clerk charges $32 for the first 5 pages plus $1 for each page beyond 5. A 2-page transfer on death deed costs $32 to record in McDowell County. The office also requires a Sales Listing Form (Declaration of Consideration or Value) with the deed, at no charge. A transfer on death deed is exempt from transfer tax.
Recording Office Record
McDowell County · County Clerk · Donald L. Hicks
Address
Phone
Fax
Recording fees
| Base fee (first 5 pages) | $32 |
| Each page beyond 5 | $1 |
| Transfer tax on a TOD deed | Exempt |
W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)
Verified September 9, 2026 · Source
FirmPrinceton, WV
Serves Mercer, Raleigh, Summers, and McDowell counties from Princeton. Handles estate planning — living wills, trusts, powers of attorney, and beneficiary designations — alongside probate litigation and real estate transfers. In practice since 1968.
PracticesEstate PlanningProbatePowers Of AttorneyReal Estateand 2 more
FirmBeckley, WV
Serves Raleigh County from Prince Street in Beckley. Attorney Melanie Hicks carries the estate side of the practice — wills, trusts, and estate planning — alongside the firm's criminal defense, civil litigation, and real estate work. Offers a free phone consultation.
PracticesEstate PlanningReal EstateTrustsWills
FirmBluefield, WV
Serves Mercer County and the southern coalfields from downtown Bluefield. Handles probate administration and estate planning alongside real estate and business matters. Partners Charles W. Davis and John P. Richardson; the firm has no website, so contact is by phone or email.
PracticesEstate PlanningProbateBusiness LawReal Estate
FirmBeckley, WV
A downtown Beckley firm with three partners combining 40+ years of experience offering wills, trusts, and estate drafting services throughout Southern West Virginia including Beckley, Mt. Hope, Oak Hill, and Fayetteville.
PracticesEstate PlanningFamily LawMediationPowers Of Attorneyand 2 more
FirmBeckley, WV
Beckley office serving Raleigh, Fayette, and surrounding counties. Handles estate planning and asset protection alongside contested estate work — will and trust disputes and probate litigation. Offers a free consultation.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation
FirmCharleston, WV
Drafts wills and provides probate representation for clients throughout West Virginia. AV-rated firm with nearly 25 attorneys across four offices.
PracticesEstate PlanningProbateElder LawGuardianshipand 4 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from West Virginia statutes and official state code. How we research.
Estate planning articles for West Virginia.
Forms and tools for property owners in McDowell County.
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Create a free, state-specific will with witness and notarization requirements included.
Transfer assets to your existing trust. State execution requirements included.
Transfer real property to a beneficiary upon your death without probate.
Designate someone to make medical decisions on your behalf.
Designate someone to manage your financial affairs.
Answer questions about your estate size, real estate ownership, marital status, and family situation to see how a revocable trust compares to a will alone. Includes estimated probate costs for your state.
Answer questions about your property type, ownership structure, and estate plan to see if a TOD deed is the right approach. Includes state-specific availability, signing requirements, and recording fees.
Compare trusts vs wills for your specific situation. See probate costs, trust administration expenses, and whether your estate qualifies for simplified procedures based on your state and estate value.
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
Estate planning articles for West Virginia.
