Estate Planning for Ohio County, West Virginia Property Owners

For most Ohio 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.

Record a TOD deedWhere to recordLocal attorneys

For a Ohio 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 Ohio 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.

Record a Transfer-on-Death Deed in Ohio County

A transfer on death deed names a beneficiary who receives Ohio 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.

Create a West VirginiaTOD deed →Ohio Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Ohio County are recorded with the County Clerk, led by County Clerk Michael E. Kelly, at 1500 Chapline Street Room 205, Wheeling, WV 26003. Phone: (304) 234-3656.

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 Ohio 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

County Clerk

Ohio County · County Clerk · Michael E. Kelly

Address

1500 Chapline Street Room 205Wheeling, WV 26003

Fax

(304) 234-3829
Visit recorder website →

Recording fees

Base fee (first 5 pages)$32
Each page beyond 5$1
Transfer tax on a TOD deedExempt

W. Va. Code 59-1-10(a)(1), (a)(7); W. Va. Code 5A-8-15(h)

Open in Google Maps

Verified September 9, 2026 · Source

Estate Planning Attorneys Serving Ohio County

FirmWheeling, WV

Edmond & Baum, PLLC

Serves Ohio County from Wheeling and takes matters into neighboring Pennsylvania and Ohio. Partners J. Anthony Edmond Jr. and Michael B. Baum handle estate planning alongside real estate title and oil-and-gas work — a common pairing where mineral rights pass through an estate. Offers a free consultation on trust selection.

PracticesEstate PlanningBusiness LawReal Estate

Office
1413 Eoff Street, First FloorWheeling, WV 26003
Free consultation

FirmWeirton, WV

Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP

Since 1967

Established in 1967, Frankovitch Anetakis provides experienced guidance through estate and trust planning and estate administration. Offices in Weirton, Wheeling, and Chester, with attorneys licensed in WV, OH, and PA.

PracticesEstate PlanningEstate AdministrationProbateReal EstateTrusts

Office
337 Penco RoadWeirton, WV 26062
Free consultation

Solo PracticeWheeling, WV

Jackson Law Office

Wheeling estate planning attorney Frank A. Jackson assists clients with wills, trust agreements, powers of attorney, settlement of estates, and special circumstances of the elderly. Washington and Lee University and University of Pittsburgh School of Law graduate.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 4 more

Office
1031 National RoadWheeling, WV 26003

FirmWheeling, WV

Kahle Law Office

Wheeling estate planning firm with two attorneys handling estate planning, probate, estate administration, contested estates, business counsel, and real estate matters. Licensed in WV, OH, and PA.

PracticesEstate PlanningEstate AdministrationProbateLiving Willsand 4 more

Office
39 Fifteenth StreetWheeling, WV 26003
Free consultation

FirmWeirton, WV

Rokisky, McCune, Wilharm, Blair & Risovich PPLC

Serves Hancock and Brooke counties from Weirton, with offices in Wheeling and Clarksburg. Handles estate planning and elder law together: wills and living trusts, financial and medical powers of attorney, long-term care and nursing-home planning, and life estate and transfer-on-death deeds. Offers a free consultation.

PracticesEstate PlanningEstate AdministrationProbateElder Lawand 5 more

Office
3200 Main StreetWeirton, WV 26062
Free consultation

FirmWheeling, WV

Schrader Duff Law & Lowe, PLLC

Since 1925

A staple in the Wheeling community for over 100 years, Schrader Duff Law & Lowe helps families establish wills, trusts, and estate plans designed to meet their unique goals.

PracticesEstate PlanningProbateTrustsWills

Office
401 Main StreetWheeling, WV 26003
Free consultation
See all 28 firms serving Ohio County→

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.

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