Fayette County Memorandum of Trust Form
Last validated July 27, 2026 by our Forms Development Team
Fayette County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Fayette County Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Fayette County Completed Example of the Memorandum of Trust Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional West Virginia and Fayette County documents included at no extra charge:
Where to Record Your Documents
Fayette County Clerk's Office
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
- Mornings typically have shorter wait times than afternoons
- Bring multiple forms of payment in case one isn't accepted
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
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 the applicable formatting requirements used for recording in Fayette 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 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 are guaranteed to meet or exceed the applicable Fayette 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 Fayette 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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