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Home→Tools→Signing Requirements Checker→West Virginia→TOD Deed

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 May 27, 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 May 27, 2026

West Virginia allows Remote Online Notarization (RON) for tod deeds.W. Va. Code 36-12-1 to 36-12-17Verified May 27, 2026 The notarization can be completed via secure video call with an approved RON provider, without meeting in person. The state also accepts out-of-state RON.

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. Wet signature and physical recording required

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.

TOD Deed Signing in West Virginia

For a tod deed to do its job in West Virginia, it has to clear the state's execution rules — witnesses, notarization, and formatting. Failures here usually surface at the worst time, when the document needs to work.

RON is a clean path for West Virginia tod deeds: the state both authorizes RON itself and recognizes RON performed under other states' rules. Either route lets the notarization happen via secure video call rather than in person.

Check whether a TOD deed is available for West Virginia property.

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West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.

West Virginia TOD Deed RequirementsW. Va. Code 36-12-1 to 36-12-17Verified May 27, 2026

Wet signature and physical recording required

Requirement
West Virginia
Witnesses Required
None
Notarization
Required

Digital Signing Options

TOD Deed Details

Detail
West Virginia
Deed Name
Transfer on Death Deed
Recording Office
Clerk of the County Commission
Must Record Before Death
Yes
Eligible Property
All real property
Multiple Beneficiaries
Allowed
Successor Beneficiaries
Allowed
Form Requirement
Must meet statutory requirements (no prescribed form)
Revocation Methods
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)

This tool provides general information about document execution requirements. Requirements may vary based on specific circumstances. Consult a licensed attorney for advice.Data verified 2026-05-27

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