My Account Deeds.com Real Estate Deeds

West Virginia Memorandum of Trust

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.

Deeds.com West Virginia Memorandum of Trust Forms Have Been Updated as Recently as Tuesday August 20, 2019

4.7 out of 5 (799 Reviews)

What others like you are saying:


Tim H. said: Found the service useful and straightforward. The only recommendation would be to send an e-mail notification to the request or when their package is ready for download. Mine, apparently, was ready within and hour or so after placing the request but did not go back onto the site until a day later to find it was ready.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Thomas D. said: The site is fine with one exception. About half the pdf files I downloaded were corrupted. I could not open them or view their contents. Fortunately, the link continued to work, so after I discovered this, I downloaded the corrupted files again, and they now seem fine. I do not know if my computer or the website caused this odd problem.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Jack S. said: Excellent and timely responses. Do you offer an annual rate? Thank you.

Reply from Staff: Thanks again Jack. Unfortunately we do not offer any annual rates or subscriptions, sorry.


Robert S. said: Were unable to help me because of the recorders office but credited my account promptly

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


David S. said: The form was just what I needed for the Circuit Court and Land Records office. The additional information provided was very helpful as well.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Cathleen H. said: The pdf form is good; however, the input boxes merge into the line above so the text is hard to read when complete. I added a return before entering my data and this solved the problem.

Reply from Staff: Thank you for your feedback Cathleen. We will have staff take a look at the document for issues with the text fields. Have a great day!


West Virginia Memorandum of Trust Form