West Virginia Memorandum of Trust

County Specific Legal Forms Validated as recently as March 25, 2026 by our Forms Development Team

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About the West Virginia Memorandum of Trust

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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

— Lisa W.

"The easiest thing to use ever. Amazing and extremely prompt support. They get the job done with all …"

— Randy R.

"Thank you So far everything worked great. Got my downloads so I'm off and running. I hope the rest o…"

— Carolyn G.

"This information was extremely helpful and needed. The price is so worth it also."

— Patricia J.

"So simple. Thank you."

— Craig H.

"Worked exactly like it was supposed to. No glitches"

Common Uses for Memorandum of Trust

Document the authority of a trustee to act on behalf of a trust
Provide proof of trust existence without disclosing trust terms
Distribute real estate to beneficiaries of an estate
Transfer property to a successor trustee
Sell estate property to satisfy debts or obligations
Document a change of trustee for properties held in trust

Compare other West Virginia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Release of Deed of Trust Installment Land Contract Memorandum of Land Contract Release of Memorandum of Contract Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Heirship Personal Representative Deed Trustee Deed Mineral Deed Quitclaim Mineral Deed Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Disclaimer of Interest Certification of Trust Notice of Lis Pendens Release of Lis Pendens

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.

Back to West Virginia Forms