West Virginia Memorandum of Trust
County Specific Legal Forms Validated as recently as May 21, 2026 by our Forms Development Team
About the West Virginia Memorandum of Trust
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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The memorandum of trust, codified under the Estates and Trusts chapter of the West Virginia Code at 36-1-4a is executed jointly by all acting trustees and living settlors of a trust. It is recorded in the land records with an acquisition and/or conveyance of real property by a trust in order to maintain a clear account for potential title examinations.
A memorandum contains a statement that the trust exists and the date of the trust; the names of each settlor, current trustee, and successor trustee; the conditions under which the successor assumes trustee powers; and whether or not the trust is revocable. The form also requires a verbatim accounting of the trustee's powers "relative to the acquisition, sale, disposition, or encumbering of real property ... or the conveyance or disposition of real property," depending on the situation, and any restrictions on those powers (W. Va. Code 36-1-4a(a)(2)(iv)). Due to the nature of the transaction for which the memorandum is recorded, a legal description of the subject property is also required. The memorandum may also include the entire text "of any or all of the provisions of the trust" ( 36-1-4a(b)).
Each case is unique, so contact an attorney with questions about this form or anything else relating to trusts in West Virginia.
(West Virginia MOT Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Great service! I found out how easy it was for me to record a deed. I saved about $200 using deeds.c…"
"Fast, easy, saves money!!!"
"I love the service you provide. Very helpful and saves a ton of time."
"So far so good. I will be taking the report to the Marion County Clerks office this week to see if i…"
"Great experience. Rapid service, no unexpected problems, and reasonable pricing. I will definitely u…"
Common Uses for Memorandum of Trust
- Provide proof of trust existence without disclosing trust terms
- Sell estate property to satisfy debts or obligations
- Transfer property from a deceased person's estate
- Distribute inherited property among multiple heirs
- Convey property from an estate to a buyer
- Distribute real estate to beneficiaries of an estate
Compare other West Virginia deed forms and documents
Important: County-Specific Forms
Our memorandum of trust forms are specifically formatted for each county in West Virginia.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.