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Transfer on Death Deed Laws in West Virginia

West Virginia allows transfer on death deeds under the Uniform Real Property Transfer on Death Act, and the deed must be recorded with the county commission clerk before the owner's death.

Last checked . General information, not legal advice.

West Virginia at a glance

TOD deed allowed
Yes
Uniform act adopted
Yes
W. Va. Code 36-12-1 and following.
Recording rule
Before the owner's death
Recorded with the clerk of the county commission; exempt from the real estate transfer excise tax.

Sources

Last checked

The rules in West Virginia

Does West Virginia allow transfer on death deeds for real estate?

Yes. TOD deed allowed in West Virginia: yes.

Has West Virginia adopted the Uniform Real Property Transfer on Death Act?

Yes. Uniform act adopted in West Virginia: yes. W. Va. Code 36-12-1 and following.

When must a transfer on death deed be recorded in West Virginia?

Recording rule in West Virginia: Before the owner's death. Recorded with the clerk of the county commission; exempt from the real estate transfer excise tax.

Where do the West Virginia transfer on death deed laws come from?

The rules above come from W. Va. Code 36-12-1 and W. Va. Code 36-12-9. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.