WV TOD Deed Forms
WV TOD Deed Forms
Looking for a West Virginia transfer on death deed form? Our downloadable West Virginia TOD deed template provides a simple, effective way to transfer your property to beneficiaries upon your death while avoiding the lengthy and expensive probate process—perfect for estate planning and ensuring your property passes smoothly to your loved ones.
Download Your West Virginia Transfer on Death Deed Template Now - $18
A West Virginia transfer on death deed (also called a West Virginia TOD deed or beneficiary deed) is a special legal document that allows you to designate who will receive your real estate when you die, without going through probate. Unlike traditional deeds that transfer property immediately, a West Virginia TOD deed only takes effect upon your death, allowing you to maintain complete ownership and control during your lifetime.
✔ Instant Download – Get immediate access to your West Virginia TOD deed PDF
✔ Multiple Formats – Available as editable MS Word, fillable PDF, and Google Doc
✔ Easy to Use – Includes step-by-step instructions for completing your TOD deed
✔ Legally Compliant – Formatted to meet West Virginia Code § 36-12-1 requirements
✔ Affordable – Just $18 for complete access to all formats
West Virginia transfer on death deed form (Word, PDF, and Google Doc formats)
Editable West Virginia TOD deed template you can customize
Fillable West Virginia TOD deed PDF for easy completion
Step-by-step instructions for proper execution
Recording guidelines for West Virginia counties
Revocation instructions (how to change or cancel)
Access to our organized course platform with all templates
Estate Planning – Pass property to heirs without probate
Avoiding Probate – Save time and money by bypassing the probate process
Maintaining Control – Keep full ownership and control during your lifetime
Simple Succession – Straightforward way to transfer property at death
Revocable Planning – Can be changed or cancelled anytime during your life
Multiple Beneficiaries – Name several people to receive your property
Backup Beneficiaries – Designate alternate beneficiaries if primary dies first
Preserving Medicaid Eligibility – Unlike gifts, TOD deeds don't trigger Medicaid penalties
Avoid Probate – Property transfers automatically without court involvement
Maintain Control – You keep full ownership rights during your lifetime
Easy to Revoke – Can be changed or cancelled anytime before death
Cost-Effective – Much cheaper than probate or complex trusts
Simple Process – Easier than creating a living trust
Flexible Formats – Choose from Word, PDF, or Google Docs
Instant Access – Download and use immediately—no waiting
Professional Quality – Legally compliant with West Virginia recording requirements
Complete the Form – Fill out our West Virginia TOD deed template with your information and beneficiary details
Sign Before a Notary – You must sign in the presence of a notary public with seal (during your lifetime)
Record the Deed – File with the County Clerk's office where your property is located (must be done before death)
Property Transfers at Death – Upon your death, property automatically transfers to your named beneficiaries
No Probate Required – Beneficiaries receive the property without going through probate court
Must be signed by the property owner (transferor) during their lifetime
Must be signed in front of a notary public
Must be notarized with proper acknowledgment and notary seal
Must be recorded with the County Clerk before the owner's death
Must include complete legal property description
Must include the property's tax map and parcel number
Must name the beneficiary or beneficiaries (grantee beneficiaries)
Can name alternate beneficiaries in case primary beneficiary dies first
Must comply with West Virginia's formatting and margin requirements
Can be revoked or changed anytime before death
Must include specific statutory language as required by West Virginia law
Transfer on Death Deed (This Form):
No probate required
Maintain complete control during life
Easy to revoke or change
Simple and affordable
Property transfers automatically at death
No gift tax implications
Generally doesn't affect Medicaid
Traditional Will:
Requires probate
Court supervision needed
Time-consuming process
Legal fees and court costs
Property doesn't transfer until probate complete
Beneficiaries wait months or years
Living Trust:
Avoids probate
More complex to create
Higher upfront cost
Ongoing management needed
More comprehensive planning
Good for multiple properties
Life Estate Deed:
Avoids probate
Gives up some control
Cannot be easily revoked
May affect Medicaid eligibility
Beneficiary has immediate interest
Less flexible
Quitclaim/Gift Deed:
Transfers property immediately
Lose all ownership rights
Cannot be undone
May trigger gift taxes
Affects Medicaid eligibility
Loss of control
Our West Virginia TOD deed template is ideal for:
Homeowners wanting to avoid probate
Parents planning to leave property to children
Individuals with simple estates
Property owners wanting to maintain control during life
People who want revocable estate planning
Those seeking affordable probate alternatives
Individuals preserving Medicaid eligibility
Mountain property owners planning succession
Family land owners with simple succession plans
Get instant access to your West Virginia TOD deed form download for just $18. Available in editable Word format, fillable PDF, and Google Docs for maximum convenience.
Q: What is a transfer on death deed in West Virginia?
A: A West Virginia transfer on death deed is a legal document that transfers your property to named beneficiaries automatically when you die, without going through probate.
Q: Is a transfer on death deed legal in West Virginia?
A: Yes, West Virginia authorized TOD deeds in 2012 under West Virginia Code § 36-12-1. They are a fully legal and recognized estate planning tool in West Virginia.
Q: Do I need an attorney to create a West Virginia TOD deed?
A: No, you don't legally need an attorney. Our downloadable West Virginia transfer on death deed template includes complete instructions for straightforward transfers.
Q: How much does it cost to file a West Virginia TOD deed?
A: Recording fees vary by county but are typically very affordable, around $15-$20 per page. West Virginia has no state transfer tax when recording TOD deeds during your lifetime, making property transfers very affordable.
Q: Does a West Virginia TOD deed need to be notarized?
A: Yes, you must sign the TOD deed in front of a notary public with an official notary seal, and it must be properly notarized before recording.
Q: Can I change my mind after recording a TOD deed?
A: Yes! One of the biggest advantages is that you can revoke or change your TOD deed anytime during your life by recording a revocation or new TOD deed.
Q: Do I lose control of my property with a TOD deed?
A: No! You maintain complete ownership and control during your lifetime. You can sell, mortgage, or do anything with the property. The transfer only happens at death.
Q: Will a TOD deed affect my Medicaid eligibility?
A: Generally no. Unlike gifts or life estate deeds, TOD deeds typically don't affect Medicaid eligibility because you retain full ownership until death. Consult with a Medicaid planning attorney for your specific situation.
Q: What happens if my beneficiary dies before me?
A: If your beneficiary dies before you and you named alternate beneficiaries, the property goes to the alternates. If no alternates were named, the property will go through probate. You should update your TOD deed if circumstances change.
Q: Can I name multiple beneficiaries on a West Virginia TOD deed?
A: Yes, you can name multiple beneficiaries who will receive the property as tenants in common (equal shares unless specified differently) upon your death.
Editable Word Document – Fully customizable West Virginia transfer on death deed template in MS Word format
Fillable PDF – Complete your West Virginia TOD deed PDF digitally with ease
Google Docs – Cloud-based access to edit your West Virginia transfer on death deed form from anywhere
No State Transfer Tax When Recording:
No transfer tax applies when you record the TOD deed during your lifetime
No state transfer taxes in West Virginia
Only pay the standard recording fee ($15-$20 per page typically)
One of the most affordable states for property transfers
No Transfer Tax at Death:
No West Virginia state transfer tax when property transfers at death
Property transfers to beneficiaries tax-free at state level
Beneficiaries may owe federal estate tax if estate exceeds exemption
Beneficiaries should consult tax advisor
Property Tax Implications:
You remain responsible for property taxes during your lifetime
Property tax assessment typically doesn't change when TOD deed is recorded
Beneficiaries become responsible for property taxes upon transfer
Transfer may trigger reassessment
Medicaid Considerations:
TOD deeds generally don't affect Medicaid eligibility
Property still owned by you until death
Not considered a gift or transfer
Medicaid estate recovery may apply after death
Consult Medicaid planning attorney
Homestead Exemption:
Senior citizens and disabled may have property tax benefits
You can maintain these benefits during your lifetime
TOD deed doesn't affect your homestead status
Beneficiaries must apply for their own exemptions after transfer
Consult professionals for advice specific to your situation
If you'd prefer expert assistance with your transfer on death deed, you can upgrade to our complete deed preparation service at any time—and we'll credit back the full $18 cost of this template toward your service fee.
Our West Virginia transfer on death deed form is valid in all 55 West Virginia counties, including:
Eastern Panhandle:
Berkeley County (Martinsburg)
Jefferson County (Charles Town)
Morgan County (Berkeley Springs)
Hampshire County (Romney)
Hardy County (Moorefield)
Mineral County (Keyser)
Northern West Virginia:
Monongalia County (Morgantown)
Harrison County (Clarksburg)
Marion County (Fairmont)
Wood County (Parkersburg)
Ohio County (Wheeling)
Marshall County (Moundsville)
Central West Virginia:
Kanawha County (Charleston)
Cabell County (Huntington)
Putnam County (Winfield)
Raleigh County (Beckley)
Fayette County (Fayetteville)
Southern West Virginia:
Mercer County (Princeton)
McDowell County (Welch)
Wyoming County (Pineville)
Logan County (Logan)
Mingo County (Williamson)
North Central:
Preston County (Kingwood)
Tucker County (Parsons)
Barbour County (Philippi)
Taylor County (Grafton)
And all other West Virginia counties
Our comprehensive instructions guide you through:
Understanding how West Virginia TOD deeds work
Gathering required property information
Obtaining the legal description and tax map/parcel number
Choosing your beneficiaries (primary and alternate)
Completing the transfer on death deed form
Understanding West Virginia property ownership types
Properly executing the document
Understanding notarization requirements (notary seal required)
Filing with your County Clerk
Understanding recording fees
How to revoke or change your TOD deed
What happens at your death
How beneficiaries claim the property
Parent to Children
Most common use of TOD deeds
Pass family home to children
Avoid probate delays
Keep control during lifetime
Simple succession planning
Mountain Property Transfer
Pass mountain cabin or land
Avoid probate for vacation home
Keep property in the family
Maintain control to sell if needed
Multi-generation planning
Family Land Succession
Transfer family land to next generation
Avoid probate delays
Keep using land during lifetime
Can change if circumstances change
Preserve family heritage
Single Property Owner
Individual with no spouse
Want to leave property to specific person
Avoid probate process
Maintain flexibility to change
Cost-effective planning
Second Marriage Planning
Want to leave property to children from first marriage
Maintain control during lifetime
Avoid potential conflicts
Clear succession plan
Can be changed if needed
Elderly Parent Planning
Senior homeowners
Medicaid planning considerations
Want to avoid probate for heirs
Keep property for life
Simple, affordable solution
✓ West Virginia-Specific – Complies with all West Virginia Code § 36-12-1 requirements
✓ Proper Formatting – Meets West Virginia's recording standards
✓ Up-to-Date – Reflects current West Virginia law (effective since 2012)
✓ Professionally Drafted – Created by legal document preparation experts
✓ Easy to Customize – Clear blanks for your specific information
✓ Multiple Beneficiaries – Supports primary and alternate beneficiaries
✓ Notary Seal Reminder – Emphasizes West Virginia's seal requirement
✓ Revocation Instructions – Complete guidance on how to change or cancel
✓ Multiple Formats – Work in the format that suits you best
✓ Instant Access – Download immediately after purchase
To properly record your West Virginia transfer on death deed, you'll need:
Completed and signed transfer on death deed
Notarized acknowledgment with notary seal (seal is required)
Recording fee payment (varies by county, typically $15-$20 per page)
Return address for recorded deed
Proper formatting with required margins
Legal description and tax map/parcel number
Property address
Beneficiary information (names and addresses)
CRITICAL: The TOD deed must be recorded BEFORE your death to be effective!
❌ Not recording the deed – TOD deed only works if recorded before death
❌ Missing notary seal – West Virginia requires an official notary seal
❌ Incomplete legal description – Must match your current deed exactly
❌ Missing tax map and parcel number – Required in West Virginia
❌ Improper notarization – Must be signed in front of notary with seal
❌ Missing notarization – Required for recording
❌ Using wrong County Clerk office – Must record in county where property located
❌ Not naming alternate beneficiaries – What if primary beneficiary dies first?
❌ Not updating after life changes – Update if beneficiaries die or circumstances change
❌ Conflicting with will – Coordinate with your overall estate plan
❌ Not telling beneficiaries – Beneficiaries should know the deed exists
Our West Virginia transfer on death deed template includes detailed instructions to help you avoid these common pitfalls.
When completing your West Virginia TOD deed, you can designate:
Primary Beneficiaries:
Person(s) who will receive property when you die
Can name one or multiple beneficiaries
Multiple beneficiaries receive as tenants in common (equal shares unless specified)
Can specify percentages for unequal distribution
Alternate Beneficiaries:
Backup beneficiaries if primary dies before you
Highly recommended to avoid probate
Ensures your wishes are carried out
Prevents property from going through probate
Types of Distribution:
Equal shares (default for multiple beneficiaries)
Unequal shares (must specify percentages)
Tenants in common (each owns specific share)
What Beneficiaries Need to Do:
Obtain Death Certificate – Get certified copy of your death certificate
Prepare Affidavit – Complete affidavit stating you have died and TOD deed is in effect
Record Documents – Record death certificate and affidavit with County Clerk
No Court Required – No probate court involvement needed
Ownership Complete – Beneficiaries own property once documents recorded
Documents Needed:
Certified copy of death certificate
Affidavit confirming death and TOD deed effectiveness
Original recorded TOD deed reference
No court orders required
No attorney necessary (though may be helpful)
This simple process is much faster and cheaper than probate!
You Can Change Your Mind:
One of the best features of TOD deeds is that you can revoke or change them anytime during your life.
Ways to Revoke:
Record a Revocation – Sign and record a formal revocation document
Record a New TOD Deed – New TOD deed automatically revokes prior inconsistent deed
Sell the Property – Selling property automatically revokes the TOD deed
Execute a New Deed – Transferring property to someone else revokes TOD deed
Important Notes:
Revocation must be recorded before your death
Simply destroying the document doesn't revoke it
Must record revocation in same county as original
Beneficiaries have no rights until your death
Our package includes revocation instructions and forms.
Transfer on Death Deed:
✓ Simple to create
✓ Inexpensive ($18 + recording)
✓ Easy to revoke
✓ Works for single property
✓ No ongoing maintenance
✗ Only covers real estate
✗ Limited planning features
Living Trust:
✓ Comprehensive estate planning
✓ Covers all assets
✓ Provides ongoing management
✓ Disability planning included
✗ More expensive to create
✗ More complex
✗ Requires ongoing funding
Best Choice:
TOD Deed: Single property, simple estate, budget-conscious
Living Trust: Multiple properties, complex estate, comprehensive planning
Both: Use TOD deed for now, create trust later if needed
Kanawha County (Charleston):
State capital and largest city
Most active real estate market
TOD deeds commonly used
Professional estate planning community
Government center
Putnam County (Winfield/Hurricane):
Rapidly growing suburbs
Charleston area commuters
Family properties
TOD deeds gaining popularity
Affordable housing
Fayette County (Fayetteville):
New River Gorge area
Outdoor recreation
Tourism economy
Mountain properties
Scenic beauty
Berkeley County (Martinsburg):
Fastest growing county
Washington, DC commuters
Affordable housing compared to DC area
Strong growth
Active real estate market
Jefferson County (Charles Town/Harpers Ferry):
Historic area
DC commuters
Higher property values
Scenic location
Growing population
Morgan County (Berkeley Springs):
Spa town
Weekend getaway destination
Affordable rural properties
Scenic beauty
Slower pace
Monongalia County (Morgantown):
West Virginia University
College town atmosphere
Strong economy
Growing population
Medical center
Harrison County (Clarksburg):
North central location
Historic community
Affordable housing
Regional center
Family-friendly
Marion County (Fairmont):
University town
Affordable properties
Historic community
Central location
Good schools
Probate Avoidance:
No probate court involvement
Saves months or years of time
Avoids probate attorney fees
Avoids court costs
No public probate process
Immediate transfer to beneficiaries
Control During Lifetime:
Maintain complete ownership
Sell property if you want
Mortgage or refinance freely
Change beneficiaries anytime
Revoke deed if circumstances change
No permission needed from beneficiaries
Cost Savings:
Much cheaper than probate ($18 + recording vs. thousands)
No ongoing costs
No attorney required (for simple situations)
One-time expense
No transfer tax in West Virginia
Simplicity:
Easy to understand
Simple to complete
Straightforward West Virginia statute
Clear process
Beneficiaries can handle with minimal help
Flexibility:
Name multiple beneficiaries
Include alternate beneficiaries
Specify distribution method
Change anytime
Complete control
Medicaid Planning:
Generally doesn't affect eligibility
Not considered a gift
Retain ownership
Consult Medicaid planner for your situation
Cabell County (Huntington):
Second largest city
Marshall University
Ohio River location
Medical center
Affordable housing
Wayne County (Wayne):
Appalachian region
Rural character
Affordable properties
Family land
Kentucky border
Putnam County:
Between Charleston and Huntington
I-64 corridor
Growing suburbs
Family communities
Good location
Ohio County (Wheeling):
Historic city
Ohio River location
Victorian architecture
Medical center
Revitalizing downtown
Hancock County (New Cumberland):
Smallest county
Ohio and Pennsylvania borders
Industrial heritage
Close to Pittsburgh
Affordable housing
Marshall County (Moundsville):
Ohio River valley
Historic community
Affordable properties
Close to Wheeling
Rural areas
Mountain Properties:
Allegheny Mountains
Monongahela National Forest
Scenic beauty
Outdoor recreation
Family cabins
Rural Properties:
Family farms and land
Hunting properties
Timberland
Recreational land
Multi-generational holdings
Special Considerations:
Mineral rights often separated
Timber rights considerations
Water rights
Access easements
Family succession planning
What TOD Deeds DON'T Do:
❌ Only covers real estate – Doesn't transfer bank accounts, cars, etc.
❌ No disability planning – Doesn't help if you become incapacitated before death
❌ Limited creditor protection – Property still subject to your creditors during life
❌ Doesn't avoid estate recovery – Medicaid may still file claim after death
❌ No ongoing management – Doesn't provide for property management if you become unable
❌ May not prevent family disputes – Disappointed heirs may still contest
When You Might Need More:
Multiple properties in different states
Complex family situations
Need disability planning
Want ongoing management
Significant estate tax concerns
Business ownership interests
For these situations, consult with an estate planning attorney about a comprehensive plan.
How TOD Deeds Fit:
With a Will:
TOD deed takes priority over will
Property passes under TOD deed, not will
Will covers everything else
Coordinate to avoid conflicts
Update both when circumstances change
With a Trust:
Can't transfer property already in a trust
May use TOD deed for property outside trust
Consider transferring property to trust instead
Coordinate with estate planning attorney
With Beneficiary Designations:
Similar to life insurance or retirement accounts
Passes outside of will
Coordinate all beneficiary designations
Ensure consistent estate plan
Important: Make sure all your estate planning documents work together!
Raleigh County (Beckley):
Southern West Virginia hub
Coal heritage
Medical center
Regional shopping
Outdoor recreation
Mercer County (Princeton/Bluefield):
Virginia border
College towns
Affordable housing
Historic communities
Regional center
Greenbrier County (Lewisburg):
Historic town
The Greenbrier resort
Tourism destination
Scenic beauty
Growing community
During Your Lifetime:
Nothing changes in terms of ownership
You remain the sole owner
Property taxes remain your responsibility
You can sell, mortgage, or use property freely
You can revoke or change the TOD deed
Beneficiaries have NO rights during your life
Beneficiaries cannot force you to do anything
At Your Death:
Property automatically transfers to beneficiaries
No probate required
No court involvement needed
Beneficiaries record death certificate
Ownership transfers upon proper recording
Much faster than probate process
For Beneficiaries:
Receive property without probate
Must record death certificate and affidavit
Pay recording fee (minimal)
Take ownership immediately
May need to deal with mortgage if any
Become responsible for property taxes
Consider other options if:
Complex Situations:
You have a complex estate
Multiple properties in different states
Need ongoing management provisions
Want comprehensive disability planning
Family Concerns:
Expect family disputes
Want to control property after death
Need to provide for minor children
Want to protect against beneficiary's creditors
Special Circumstances:
Property has significant mortgage
Want to place conditions on transfer
Need special needs planning
Business or commercial property
Want to control sale timing
For these situations, consult an estate planning attorney about trusts or other options.
Need other West Virginia estate planning forms? We also offer:
West Virginia Quitclaim Deeds – For immediate transfers
West Virginia Warranty Deeds – For property sales
West Virginia Power of Attorney Forms – For disability planning
West Virginia Living Will Forms – For healthcare decisions
Download your West Virginia transfer on death deed form today and take control of your estate planning. For just $18, you'll have everything you need to transfer your West Virginia real estate to your beneficiaries automatically—avoiding probate and saving your loved ones time and money!
Whether you're planning for:
Charleston and Kanawha Valley properties
Eastern Panhandle homes (Berkeley, Jefferson, Morgan)
Morgantown and North Central properties
Huntington and Western region homes
Northern Panhandle properties (Wheeling, Weirton)
Southern West Virginia real estate (Beckley, Princeton)
Mountain and rural properties throughout the state
Family land and timber properties
Recreational and hunting properties
Primary residences
Our West Virginia transfer on death deed template provides an affordable, effective way to ensure your property passes smoothly to your beneficiaries—avoiding probate while maintaining complete control during your lifetime in the beautiful Mountain State.
Download Your West Virginia Transfer on Death Deed Template Now - $18
While we offer our comprehensive West Virginia transfer on death deed template for $18, we provide this valuable information about West Virginia TOD deeds for free to help you understand this important estate planning tool:
Free Resources Included on This Page:
How West Virginia TOD deeds work
Benefits and limitations
When to use (and not use) TOD deeds
Comparison with other estate planning options
Requirements and recording process
How beneficiaries claim property
Revocation information
Notary seal requirements
What You Get for $18:
Professionally drafted West Virginia TOD deed form
Multiple formats (Word, PDF, Google Docs)
Complete step-by-step instructions
Recording guidelines for all West Virginia counties
Revocation forms and instructions
Beneficiary claim instructions
Organized course platform access
Instant download
This small investment can save your beneficiaries thousands in probate costs and months of delays!
Legal Disclaimer
These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation. Transfer on death deeds have specific legal requirements and limitations. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances.
For complex estates, significant assets, or complicated family situations, we strongly recommend consulting with a licensed estate planning attorney. Transfer on death deeds may not be suitable for all situations.
Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.
📞 Document (Deed Preparation) or Mobile Notary Services: Call 1-877-540-6104 for professional notarization at your location