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

A transfer on death deed in West Virginia requires notary acknowledgment. The signed deed must be recorded at the clerk of the county commission before death to be effective. 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 no-consideration deed on the grantee's signature and acknowledgment, but expressly directs the clerk to admit a transfer on death deed without it.W. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in West Virginia include: 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).W. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026

West Virginia allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.W. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026

Yes. West Virginia allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.W. Va. Code 36-12-1 to 36-12-17Verified Aug 24, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the West Virginia probate calculator to estimate the cost of probating remaining assets.