| My Account |  |
Transfer on Death Deed Form - Braxton County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/6/2020
Transfer on Death Deed Guide - Braxton County
Line by line guide explaining every blank on the form.
Included document last updated 3/13/2020
Completed Example of the Transfer on Death Deed Document - Braxton County
Example of a properly completed form for reference.
Included document last updated 3/20/2020
*The Following West Virginia and Braxton County supplemental forms are included as a courtesy with your order.
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
This form is required in West Virginia and is due at the time of recordation.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Braxton 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.
The documents you receive here will meet, or exceed, the Braxton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1273 Reviews) April 8th, 2020
Name: steven L.
Review: download was fast and easy. if no problems with county recorder i will give 5 stars
Reply from Staff on April 9th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
April 8th, 2020
Name: Ginger C.
Review: So far so good. Thank you for your prompt responses. Much appreciated.
Reply from Staff on April 8th, 2020
Thank you!
April 8th, 2020
Name: Jacqui G.
Review: Excellent system and serviced!
Reply from Staff on April 8th, 2020
Thank you!
April 8th, 2020
Name: Michael H.
Review: Very responsive and thorough. Glad to have found such a great company for our recording needs.
Reply from Staff on April 8th, 2020
Thank you!
April 8th, 2020
Name: Kaleigh S.
Review: I used Deeds.com to record two judgments with the County Recorder's Office. The site was very easy to use and I had my recorded copies back the very next day. I highly recommend their service!
Reply from Staff on April 8th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
April 7th, 2020
Name: Anthony F.
Review: 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 on April 7th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
April 7th, 2020
Name: Jena S.
Review: I love how quick the turnaround is, my only request would be for an email notification be sent once an invoice is ready and then once a document is recorded and ready to download (only because I have a large caseload and it's very easy to forget things sometimes).
Reply from Staff on April 7th, 2020
Thank you!
April 7th, 2020
Name: John v.
Review: Process is well laid out, clear and concise. Check out is easy. Recommendations: * Assign names to the downloadable files that are meaningful, such as: WARRANTY DEED instead of the useless and cryptic 1420490866F11417.pdf. * Provide a ONE BUTTON DOWNLOAD for all forms ordered. It's aggravating to have to click on each of the 20 documents and download them individually.
Reply from Staff on April 7th, 2020
Thank you for your feedback. We really appreciate it. Have a great day!
April 6th, 2020
Name: Marilyn C.
Review: My document got recorded right away. Thank you! Will use again in the future when needed.
Reply from Staff on April 6th, 2020
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
April 6th, 2020
Name: Terrance S.
Review: I'd say 5 stars. Thank you.
Reply from Staff on April 6th, 2020
Thank you!