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West Virginia - Kanawha County Personal Representative Deed Form

All Kanawha County specific forms listed below are included in your immediate download:


Kanawha County Personal Representative Deed Form Page 1

Personal Representative Deed Form - Kanawha County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 8/7/2020


Kanawha County Personal Representative Deed Guide Page 1

Personal Representative Deed Guide - Kanawha County

Line by line guide explaining every blank on the form.
Included document last updated 8/10/2020


Kanawha County Completed Example of the Personal Representative Deed Document Page 1

Completed Example of the Personal Representative Deed Document - Kanawha County

Example of a properly completed form for reference.
Included document last updated 8/10/2020


*The Following West Virginia and Kanawha County supplemental forms are included as a courtesy with your order.


Declaration of Consideration

Declaration of Consideration

This document contains information about the exemptions as well as general information. The form that must be submitted is on page 3 and needs to be acknowledged by a notary.


Sales Listing

Sales Listing

This form is required in West Virginia and is due at the time of recordation.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Kanawha County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Kanawha County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed Forms:

  • Kanawha County

Including:

  • Alum Creek
  • Belle
  • Blount
  • Blue Creek
  • Cabin Creek
  • Cedar Grove
  • Charleston
  • Clendenin
  • Dawes
  • Drybranch
  • Dunbar
  • East Bank
  • Elkview
  • Eskdale
  • Falling Rock
  • Gallagher
  • Glasgow
  • Handley
  • Hansford
  • Hernshaw
  • Hugheston
  • Institute
  • London
  • Mammoth
  • Miami
  • Nitro
  • Pinch
  • Pond Gap
  • Pratt
  • Saint Albans
  • Tad
  • Tornado
  • Winifrede

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What is the 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.

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Save Time and Money

Get your Kanawha County Personal Representative Deed 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.

Our Promise

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

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