Find the right West Virginia real estate form

West Virginia real estate conveyances are governed primarily by Chapters 36 and 39 of the West Virginia Code. An estate of inheritance or freehold in land may be created by deed or will in writing (W. Va. Code § 36-1-1). A freehold estate generally refers to ownership of land or an interest attached to land for an indeterminate duration.

Authority to Convey

Any person or entity with legal capacity—including individuals, corporations, guardians, and attorneys-in-fact—may convey real property by written deed. Guardians may act on behalf of minors or protected persons in accordance with statutory requirements.

Aliens may acquire, hold, devise, and convey real property in West Virginia in the same manner as citizens (W. Va. Code § 36-1-21).

West Virginia recognizes various deed forms, including warranty deeds and quitclaim deeds. Any instrument that clearly demonstrates a present intent to transfer title, whether present or future, will be given effect according to its manifest intent if properly executed and delivered (W. Va. Code § 36-3-4).

Execution and Acknowledgment

To be eligible for recording, a deed must be signed by the grantor and acknowledged or proved before the county clerk. If not acknowledged, the execution may be proved by two witnesses before the clerk of the county court (W. Va. Code § 39-1-2). Deeds must also identify the preparer of the instrument.

Declaration of Consideration and Excise Tax

When real estate transfer tax applies, a Declaration of Consideration or Value must be attached to the deed (W. Va. Code § 11-22-6). The declaration must be signed by the grantor, grantee, or another responsible party familiar with the transaction. A state excise tax is imposed on the privilege of transferring title to real estate.

Recording and Priority

Deeds must be recorded in the office of the county clerk in the county where the property is located. If the property spans more than one county, the deed must be recorded in each county to be effective against third parties (W. Va. Code § 40-1-10).

An unrecorded deed is void as to creditors and subsequent purchasers for valuable consideration without notice until admitted to record (W. Va. Code § 39-1-2). A written contract concerning real estate, once recorded, may have the same effect as a recorded deed conveying the interest described (W. Va. Code § 40-1-8).

Because West Virginia requires proof before the county clerk, imposes a transfer excise tax with a required declaration, and ties third-party protection to proper recording in each affected county, careful compliance with statutory formalities is essential to ensure that a conveyance is valid and protected.