Do I Need a Transfer on Death Deed in West Virginia?

A transfer on death deed in West Virginia requires notary acknowledgmentW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. The signed deed must be recorded at the clerk of the county commission before death to take effectW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. 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). The beneficiary does not sign: W. Va. Code 39-1-2(b)(2) otherwise conditions recording of a quitclaim deed without consideration, and of an untaxed deed of property worth $100 or less, on the grantee's signature and acknowledgment, but expressly directs the clerk to admit a transfer on death deed without it.

Yes. A transfer on death deed is revocable at any time during the owner's life, and West Virginia revokes one by: Recording a subsequent TOD deed that revokes expressly or by inconsistency; Recording an instrument of revocation that expressly revokes the deed; Recording an inter vivos deed by the same transferor that conveys the same real estate, or part of it, whether or not that deed expressly revokes the TOD deedW. Va. Code 36-12-11Verified Oct 17, 2026View source. A will cannot revoke it.

West Virginia allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial propertiesW. Va. Code 36-12-1 to 36-12-17Verified Oct 17, 2026View source.

Yes. West Virginia allows multiple beneficiaries on a transfer on death deedW. Va. Code 36-12-1 to 36-12-17Verified Oct 17, 2026View source; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.