TOD deed · West Virginia

Transfer on Death Deed in West Virginia

Pass real estate to a named beneficiary at death — no probate, no court hearing, no attorney required to file.

West Virginia allows a Transfer on Death Deed under W.Va. Code § 36-12-1. The owner records the deed with the county recorder for about $30. At the owner's death, title passes to the named beneficiary automatically. The deed is revocable at any time until death.

Quick facts

TOD deed facts for West Virginia
Form name	Transfer on Death Deed
Statute	W.Va. Code § 36-12-1
Recording fee	~$30
Witnesses	None (notary only)
Notary	Required
Revocable	Yes, any time before death

Confirm fees and formalities with the county recorder before filing. County surcharges vary.

Step by step

Confirm you own the property outright
TODD only works for property held in your name, or as tenants in common. Property already in a trust or held as joint tenants with right of survivorship passes by other means.
Prepare the Transfer on Death Deed
Use the state-approved form. It must name the property by full legal description (not just street address), the current owner, and one or more beneficiaries.
Sign with the right formalities
Sign the deed before a notary public.
Record with the county recorder
Record the deed with the county recorder where the property sits. Recording fees run about $30. Must be recorded with the county recorder before the owner's death.
Keep a copy and inform the beneficiary
Keep the recorded copy with your estate papers. Tell the beneficiary the deed exists and where to find it — they'll need it to claim the property.

When TOD deeds don't work

Property held as joint tenants with right of survivorship — the surviving joint tenant already takes it.
Property already in a revocable living trust — the trust controls succession.
Multiple beneficiaries who might disagree about selling — the deed doesn't force a sale mechanism.
Estates with more than one significant asset — you still need a will or trust for the rest. Consider full probate planning for West Virginia.

Common questions

Is a Transfer on Death Deed valid in West Virginia?

Yes. West Virginia recognizes the Transfer on Death Deed under W.Va. Code § 36-12-1. It transfers real property to the named beneficiary at the owner's death without probate.

Can I revoke a Transfer on Death Deed in West Virginia?

Yes. The owner can revoke the deed at any time before death by recording a revocation or a new TOD deed naming a different beneficiary. A will cannot revoke a recorded TOD deed.

Does the beneficiary owe anything at death?

The beneficiary takes the property subject to any existing mortgage, tax lien, or judgment. TOD deeds do not wipe out debt attached to the property.

What about the mortgage due-on-sale clause?

Federal Garn-St. Germain Act protects TOD transfers to family beneficiaries from due-on-sale enforcement. Most other TOD transfers are also fine, but confirm with the lender.

How much does it cost?

The county recorder charges about $30 to record the deed. Preparing the form yourself is free; an attorney typically charges $200-$500.

Do I still need a will?

Yes. A TOD deed only covers the one property it names. You still need a will (or trust) for everything else — accounts, personal property, and other real estate.