West Virginia Forms

Fayette County Memorandum of Trust Form

Fayette County Memorandum of Trust Form

Fayette County Memorandum of Trust Form

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

Document Last Validated 5/23/2025
Fayette County Memorandum of Trust Guide

Fayette County Memorandum of Trust Guide

Line by line guide explaining every blank on the form.

Document Last Validated 6/23/2025
Fayette County Completed Example of the Memorandum of Trust Document

Fayette County Completed Example of the Memorandum of Trust Document

Example of a properly completed form for reference.

Document Last Validated 8/11/2025

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Fayette County Clerk's Office
Address:
100 Church St / PO Box 569
Fayetteville, West Virginia 25840-1256

Hours: 8:00 to 4:00 M-F

Phone: (304) 574-4226

Recording Tips for Fayette County:
  • Verify all names are spelled correctly before recording
  • Both spouses typically need to sign if property is jointly owned
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Fayette County

Properties in any of these areas use Fayette County forms:

  • Alloy
  • Ansted
  • Boomer
  • Cannelton
  • Charlton Heights
  • Danese
  • Deep Water
  • Dothan
  • Edmond
  • Fayetteville
  • Gauley Bridge
  • Glen Ferris
  • Glen Jean
  • Hico
  • Hilltop
  • Kanawha Falls
  • Kimberly
  • Kincaid
  • Lansing
  • Layland
  • Lochgelly
  • Lookout
  • Meadow Bridge
  • Minden
  • Montgomery
  • Mount Carbon
  • Mount Hope
  • Mount Olive
  • Nallen
  • Oak Hill
  • Page
  • Pax
  • Powellton
  • Prince
  • Robson
  • Scarbro
  • Smithers
  • Spring Dale
  • Thurmond
  • Victor
  • Winona

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Fayette County

How do I get my forms?

Forms are available for immediate download after payment. The Fayette 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 Fayette County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Fayette 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 Fayette County?

Recording fees in Fayette County vary. Contact the recorder's office at (304) 574-4226 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 Fayette County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here will meet, or exceed, the Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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July 15th, 2021

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