Berkeley County Memorandum of Trust Form

Last validated June 22, 2026 by our Forms Development Team

Berkeley County Memorandum of Trust Form

Berkeley County Memorandum of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 5/13/2026
Berkeley County Memorandum of Trust Guide

Berkeley County Memorandum of Trust Guide

Line by line guide explaining every blank on the form.

Document Last Validated 6/22/2026
Berkeley County Completed Example of the Memorandum of Trust Document

Berkeley County Completed Example of the Memorandum of Trust Document

Example of a properly completed form for reference.

Document Last Validated 5/21/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Berkeley County Clerk

Address:
Courthouse - 100 West King St
Martinsburg, West Virginia 25401

Hours: Monday-Friday 9:00am to 5:00pm

Phone: (304) 264-1927

Recording Tips for Berkeley County:
  • Check that your notary's commission hasn't expired
  • Check margin requirements - usually 1-2 inches at top
  • Make copies of your documents before recording - keep originals safe
  • Both spouses typically need to sign if property is jointly owned
  • Multi-page documents may require additional fees per page

Cities and Jurisdictions in Berkeley County

Properties in any of these areas use Berkeley County forms:

  • Bunker Hill
  • Falling Waters
  • Gerrardstown
  • Glengary
  • Hedgesville
  • Inwood
  • Martinsburg
  • Ridgeway

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Berkeley County

How do I get my forms?

Forms are available for immediate download after payment. The Berkeley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Berkeley County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Berkeley County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkeley County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Berkeley County?

Recording fees in Berkeley County vary. Contact the recorder's office at (304) 264-1927 for current fees.

Questions answered? Let's get started!

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)

Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.

This Memorandum of Trust meets all recording requirements specific to Berkeley County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Berkeley County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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