My Account Deeds.com Real Estate Deeds

West Virginia Personal Representative Deed

A personal representative is the fiduciary appointed to administer a decedent's estate in probate. When the decedent dies with a will, the personal representative is the executor named in the will, or, if no executor is named, a qualifying beneficiary. When the decedent dies intestate (without a will), the personal representative selected by the court is called the administrator.

In the course of estate settlement, a personal representative may be required to execute and record a deed conveying real property from the estate following a sale. A decedent may designate in their will the specific real estate to be sold, or an estate's assets may be insufficient to pay its debts, and the personal representative may need to commence a suit in equity to subject the real estate to payment under W. Va. Code 44-8-7.

A fiduciary deed follows the statutory form of a deed under W. Va. Code 36-3-5. In addition, West Virginia requires a Declaration of Consideration or Value confirming the actual consideration paid or monetary value of the property being transferred (W. Va. Code 11-22-6).

Due to the nature of the fiduciary as a representative, a special warranty is typically appropriate. A covenant of special warranty means that the grantor promises to warrant and defend the property for the grantee against claims or demands of the grantor and persons acting by, through, or under him (W. Va. Code 36-4-3). This warranty is more limited than that of a general warranty deed because it does not extend prior to the time the grantor obtained title. In West Virginia, covenants run with the land, meaning they are also binding on any successor in title.

In addition to the statutory contents of a deed, personal representative's deeds contain information about the subject estate, such as the decedent's name and date of death, whether he or she left a will, the personal representative's name and his or her source of authority to sell the subject real estate, such as a testamentary power of sale under W. Va. Code 44-5A-3 or an order by the county commission.

The deed must be signed by the executor or administrator in the presence of a notary public before recording in the County Clerk's office for a valid transfer. The instrument should meet all requirements of form and content for documents relating to real property in West Virginia.

Consult a lawyer with questions about estate administration or personal representative's deeds in West Virginia.

Deeds.com West Virginia Personal Representative Deed Forms Have Been Updated as Recently as Wednesday July 1, 2020

4.8 out of 5 (1555 Reviews)

What others like you are saying:


Philip C. said: The product I purchased looks great and I added Adobe to be able to copy it, but for some reason I can't,so I will delete Adobe and then try again to copy what i paid for. I have all the PDFS' and my computer and printer are fairly new (windows 10),I should have tried to copy it first, I'll get it! Thanks

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Lajeanne F. said: Your service was as you promoted and I was able to get a copy of my deed and find the information on it I needed. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


nannette b. said: got what I needed quick and easy thank you!!!

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Anthony F. said: quick, easy and simple. Also thank you for having the e-submission area particularly with the Covid-19 /Shelter in place things happening.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Jose F. said: When I found this website, I was confused and hesitant to use this website to submit paperwork that needed to be submitted to the Clerks of Courts in Miami. I am glad I decided to go through with it. It was the easiest process I have encountered even with working with the City. Highly recommend as it is super easy to use and received that everything was approved and recorded in two working days. Thank you so much for bringing my stress level lower as many uncertainties of how to process my paperwork. Will use it again to finish my project as the City continues to not accept walk ins. Thank you so much.

Reply from Staff: So glad we were able help Jose, have a amazing day!


Kathleen M. said: Your Service was excellent. Very responsive. Thank you.

Reply from Staff: Thank you!


West Virginia Personal Representative Deed Form