Berkeley County Transfer on Death Deed Form (West Virginia)
All Berkeley County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Berkeley County compliant document last validated/updated 5/20/2025
Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Berkeley County compliant document last validated/updated 6/25/2025
Completed Example of the Transfer on Death Deed Form

Example of a properly completed form for reference.
Included Berkeley County compliant document last validated/updated 6/30/2025
The following West Virginia and Berkeley County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed forms, the subject real estate must be physically located in Berkeley County. The executed documents should then be recorded in the following office:
Berkeley County Clerk
Courthouse - 100 West King St, Martinsburg, West Virginia 25401
Hours: Monday-Friday 9:00am to 5:00pm
Phone: (304) 264-1927
Local jurisdictions located in Berkeley County include:
- Bunker Hill
- Falling Waters
- Gerrardstown
- Glengary
- Hedgesville
- Inwood
- Martinsburg
- Ridgeway
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Berkeley County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Berkeley County using our eRecording service.
Are these forms guaranteed to be recordable in Berkeley County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berkeley County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Deed 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 Berkeley County that you need to transfer you would only need to order our forms once for all of your properties in Berkeley County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Berkeley County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Berkeley County Transfer on Death Deed 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.
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.
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.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
The West Virginia legislature voted to join with 13 other states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at 36-12-1 et seq in the Code of West Virginia, and went into effect on June 5, 2014. This act allows owners of real property in West Virginia to control the distribution of what is often their most significant asset, their real estate, by executing and recording a transfer on death deed (TODD).
Transfer on death deeds are non-testamentary, which means ownership of the property passes to the beneficiary without including it in a will or a need for probate (36-12-7). Still, sensible estate planning dictates that the will and the TODD should not be in conflict.
West Virginia's version of the URPTODA sets out the specific requirements for lawful transfer on death deeds:
- The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will (36-12-8, 41-1-2).
- The transferor must be least eighteen years old; and
- Be mentally competent
- It must contain the essential elements and formalities of a properly recordable inter vivos deed, such as warranty or quitclaim deed (36-12-9(1))
- It must state that the transfer to the designated beneficiary is to occur at the transferor's death (36-12-9(2))
- It must be recorded before the transferor's death in the office of the clerk of the county commission in the county where the property is located (36-12-9(2)).
During the owner's life, the beneficiary has no rights to the property. Instead, it remains in the transferor's absolute control. This includes the freedom to sell or transfer it to someone else, and to modify or revoke the intended transfer on death (36-12-12). The option to revoke is why these deeds do not require notice to the beneficiary or consideration for the owner (36-12-10).
The beneficiary gains rights to the property ONLY when the owner dies, according to 36-12-13. Note, however, that the beneficiary must be alive at the time of the transferor's death or the interest returns to the estate (36-12-13(a)(2)). To prevent this from happening, the owner may identify one or more contingent beneficiaries (36-12-2(2)). All beneficiaries take title subject to any obligations (contracts, easements, etc.) associated with the property when the transferor dies (36-12-13(b)).
With the new transfer on death deeds, real property owners in West Virginia have a convenient, flexible tool for managing one aspect of a comprehensive estate plan. TODDs may not be appropriate for everyone, though. Since each situation is unique, contact an attorney with specific questions or for complex circumstances.
(West Virginia TODD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Berkeley 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
Get your Berkeley County Transfer on Death 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 and local jurisdictions.
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June 30th, 2025
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June 30th, 2025
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May 4th, 2021
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February 5th, 2021
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June 21st, 2023
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February 15th, 2022
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September 13th, 2022
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September 2nd, 2020
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January 23rd, 2021
This site was recommended to me. The deed worked just fine for recording a property transfer (Warranty Deed). What I like is that there is a 1 time fee, not a subscription. I would highly recommend. It saved us $2000 in closing costs and fees.
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January 5th, 2024
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Judy A S.
October 15th, 2022
Great do it yourself forms (I used the Quitclaim deed). If you think you're going to need a lot of hand holding you might consider hiring an attorney. The guide and general information provided by deeds.com will help if you have some idea of what you are doing and you are willing to research a little. Your mileage may vary but for me, this was a very efficient and economical way to get my quitclaim deed done.
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April 28th, 2020
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May 31st, 2021
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