What Do I Need to Sign My TOD Deed in West Virginia?
Witness, notary, and remote online notarization (RON) requirements for TOD deeds in West Virginia.
Frequently Asked Questions
West Virginia does not require witnesses for a tod deed.W. Va. Code 36-12-1 to 36-12-17Verified Jul 15, 2026
Yes, notarization is required for a tod deed to be valid in West Virginia.W. Va. Code 36-12-1 to 36-12-17Verified Jul 15, 2026
Yes. A TOD deed can be executed entirely remotely in West Virginia — the signing happens in a live video session with an online notary (W. Va. Code §§ 36-12-5, 36-12-9, 36-12-11(a)). No witnesses are needed in the session.W. Va. Code 36-12-1 to 36-12-17Verified Jul 15, 2026
To execute a tod deed in West Virginia: Schedule a notary appointment (in-person or online via RON). Record the deed with the county recorder before death. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. TOD deeds work by being recorded against a specific parcel of real estate, so the deed must be a West Virginia TOD deed recorded with the West Virginia county where the property sits. A TOD deed signed in another state cannot transfer West Virginia real property, regardless of how it was executed. If you own real estate in more than one state, each parcel needs its own state-appropriate TOD deed. See the document portability tool for the full breakdown.
West Virginia Estate Planning Resources
In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.



