Wirt County Memorandum of Trust Form
Last validated April 22, 2026 by our Forms Development Team
Wirt County Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Wirt County Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Wirt 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 Wirt County documents included at no extra charge:
Where to Record Your Documents
Wirt County Clerk
Elizabeth, West Virginia 26143
Hours: Monday - Friday 8:00 am - 4:30 pm
Phone: (304) 275-4271
Recording Tips for Wirt County:
- Request a receipt showing your recording numbers
- Leave recording info boxes blank - the office fills these
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Wirt County
Properties in any of these areas use Wirt County forms:
- Brohard
- Creston
- Elizabeth
- Palestine
Hours, fees, requirements, and more for Wirt County
How do I get my forms?
Forms are available for immediate download after payment. The Wirt 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 Wirt County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Wirt 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 Wirt 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 Wirt County?
Recording fees in Wirt County vary. Contact the recorder's office at (304) 275-4271 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 Wirt County to use these forms. Documents should be recorded at the office below.
This Memorandum of Trust meets all recording requirements specific to Wirt County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Wirt 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.
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