What Do I Need to Sign My TOD Deed in West Virginia?
In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.
No. West Virginia does not require witnesses for a TOD deedW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.
Yes. West Virginia requires notarization for a TOD deed to be validW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source.
Yes. A TOD deed can be executed entirely remotely in West Virginia: the signing happens in a live video session with an online notary, with no witnesses in the sessionW. Va. Code § 39-4-37Verified Sep 10, 2026View source.
To execute a TOD deed in West Virginia: Schedule a notary appointment (in-person or online via RON). Record the deed before death with the Clerk of the County Commission. Include a legal description of the property. Sign remotely in a live video session with an online notary
No. A TOD deed works by being recorded against a specific parcel, so the deed must be a West Virginia TOD deed recorded in the West Virginia county where the property sits. A TOD deed signed in another state cannot transfer West Virginia real property, however it was executed; real estate in more than one state needs a deed for each parcel. The West Virginia document portability tool carries the recognition rule by document type.
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Free forms for planning your estate in West Virginia: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
Codicil to a Will
In West Virginia, a codicil is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, like a will.
Healthcare Power of Attorney
West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.
HIPAA Release
In West Virginia, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related informationW. Va. Code § 16-3C-3(a)(3)Verified Jun 19, 2026View source expressly before a provider releases it.
Financial Power of Attorney
West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Oct 21, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Oct 21, 2026View source.
Transfer on Death Deed
In West Virginia, a transfer on death deed is signed before a notaryW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source, then recorded with the county before the owner's deathW. Va. Code 36-12-1 to 36-12-17Verified Oct 19, 2026View source. West Virginia does not recognize a Lady Bird deed.
Living Will
In West Virginia, the living will is the Living WillW. Va. Code Chapter 16, Article 30 (West Virginia Health Care Decisions Act), §§ 16-30-1 to 16-30-25; execution and forms § 16-30-4Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Pour-Over Will
In West Virginia, a pour-over will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Tools for Planning Your Estate in West Virginia
Free tools for planning your estate in West Virginia: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
Will My Estate Documents Transfer?
West Virginia has no statute recognizing a will by the law of the place where it was signedW.Va. Code § 41-1-5Verified Oct 19, 2026View source, so a will used here is tested against its own rule: 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and notarization is not requiredW.Va. Code § 41-1-3Verified Oct 19, 2026View source.
Trust or Will: Which Costs Less?
In West Virginia, a will-based plan pays probate attorney fees of typically 1.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in West Virginia runs $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $30,331W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling)Verified Sep 9, 2026View source.
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How Do I Name a Guardian for My Minor Children?
In West Virginia, a parent names a guardian for a minor child in a willW. Va. Code §§ 44-10-1, 44-10-2, 44-10-3Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18W. Va. Code § 2-3-1Verified Sep 16, 2026View source.
Do I Need a Revocable Trust?
Probate in West Virginia takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.6%Modeled estimate under W.Va. Code § 44-4-12 (attorney fees as reasonable expenses of the fiduciary, allowed by the fiduciary commissioner; no statutory schedule); § 44-3A-42(c) (fee vouchers); § 44-2-1(a) ($300 ceiling): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate; assets held in a revocable trust skip both.
Do I Need a TOD Deed?
West Virginia authorizes transfer on death deedsW. Va. Code 36-12-1 to 36-12-17Verified Oct 17, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
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West Virginia Estate Planning Resources
In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.