Upshur County Memorandum of Trust Form
Upshur County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Upshur County Memorandum of Trust Form
Upshur County Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Upshur County Memorandum of Trust Guide
Upshur County Completed Example of the Memorandum of Trust Document
Example of a properly completed form for reference.
Upshur County Completed Example of the Memorandum of Trust Document
All 3 documents above included • One-time purchase • No recurring fees
Additional West Virginia and Upshur County documents included at no extra charge:
Where to Record Your Documents
Upshur County Clerk
Buckhannon, West Virginia 26201
Hours: 8:00 to 4:30 M-F
Phone: (304) 472-1068
Recording Tips for Upshur County:
- Request a receipt showing your recording numbers
- Bring extra funds - fees can vary by document type and page count
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Upshur County
Properties in any of these areas use Upshur County forms:
- Adrian
- Buckhannon
- Cleveland
- French Creek
- Frenchton
- Kanawha Head
- Lorentz
- Rock Cave
- Selbyville
- Tallmansville
Hours, fees, requirements, and more for Upshur County
How do I get my forms?
Forms are available for immediate download after payment. The Upshur 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 Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur 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 Upshur County?
Recording fees in Upshur County vary. Contact the recorder's office at (304) 472-1068 for current fees.
Have other questions? Contact our support team
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 Upshur County to use these forms. Documents should be recorded at the office below.
This Memorandum of Trust meets all recording requirements specific to Upshur County.
Our Promise
The documents you receive here will meet, or exceed, the Upshur 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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