West Virginia Forms

Brooke County Transfer on Death Deed Form

Brooke County Transfer on Death Deed Form

Brooke County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Validated 7/28/2025 Preview Form
Brooke County Transfer on Death Deed Guide

Brooke County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.

Validated 6/25/2025 Preview Form
Brooke County Completed Example of the Transfer on Death Deed Form

Brooke County Completed Example of the Transfer on Death Deed Form

Example of a properly completed form for reference.

Validated 6/30/2025 Preview Form

All 3 documents above included • One-time purchase • No recurring fees

Important: Your property must be located in Brooke County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Brooke County Clerk
Address:
632 Main St
Wellsburg, West Virginia 26070-1743

Hours: 9:00 to 5:00 M-F / first & last Sat 9:00 to 12:00 (except holiday weekends)

Phone: (304) 737-3661

Recording Tips for Brooke County:
  • Verify all names are spelled correctly before recording
  • Request a receipt showing your recording numbers
  • Leave recording info boxes blank - the office fills these
  • Both spouses typically need to sign if property is jointly owned
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Brooke County

Properties in any of these areas use Brooke County forms:

  • Beech Bottom
  • Bethany
  • Colliers
  • Follansbee
  • Short Creek
  • Wellsburg
  • Windsor Heights

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brooke County

How do I get my forms?

Forms are available for immediate download after payment. The Brooke 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 Brooke County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brooke County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Brooke 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 Brooke County?

Recording fees in Brooke County vary. Contact the recorder's office at (304) 737-3661 for current fees.

Have other questions? Contact our support team

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)

Important: Your property must be located in Brooke County to use these forms. Documents should be recorded at the office below.

This Transfer on Death Deed meets all recording requirements specific to Brooke County.

Our Promise

The documents you receive here will meet, or exceed, the Brooke 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 Brooke 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.

4.8 out of 5 - ( 4572 Reviews )

John S.

January 9th, 2023

You dont really know what your buying until after you spend the money. Cant use any of them

Reply from Staff

Thank you for your feedback. Best practice is to know what you need before purchasing. Buying legal documents should not be a exploratory endeavor. Your order has been canceled. We do hope that you find something more suitable to your needs elsewhere.

Sandra R.

June 2nd, 2023

This site was easy to use for access to State forms for filing in Montmorency County clerks office. Not only did I find claim form but a sample claim was available for assisting on how to complete your form correctly. Found this so very useful for us (public resident) to fill in the form as a .PDF file that prints out typed form - rather than handwritten entries. There is a fee but your access is always available on internet to this site in the future. Saved me time using this site and My filed form looks professional. You have access to several other forms if needed.

Reply from Staff

Thank you for the kind words Sandra, we appreciate you. Glad we could help!

James R.

November 14th, 2019

Really Easy site to navigate!

Reply from Staff

Thank you James, have a great day!

Carol M.

April 26th, 2021

Very user friendly. Glad I found your site.

Reply from Staff

Thank you!

JOHN S.

October 16th, 2021

They had everything for a living trust but the form to transfer your house into the living trust

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Fabio S.

May 27th, 2020

Fast, Easy and with great assistance! I will definitely use their services again!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Peter N.

March 21st, 2020

Your website was easy to use and I was able to accomplish my task. Thank You very much.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Joyce B.

April 29th, 2021

Thanks, the documents were easy to follow and complete.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

DAVID K.

April 5th, 2019

Good so far could use more examples for each section of info. needed. ex. (parcel and alt.ID info where to find and etc. #2 more examples. If it was not for the red print examples helping to fill the form out I could have downloaded free forms, the examples are what made me choose your form !

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Rhobe M.

May 8th, 2023

Very user friendly site. I was able to get the information I needed fast.

Reply from Staff

Thank you!

Vicki J.

November 17th, 2020

Reasonably priced and Extremely easy to use.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Alan G.

October 28th, 2021

Using www.deeds.com was super ez even for a non-technical person like me, it saved me lots of time and the instructions and communications were great,I was able to file my deed online in half a day with most of that time taken up by the jurisdiction I filed with processing my submittal. I will use it again!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Edwin M.

July 2nd, 2021

Good marks from me. Keep up the good work !

Reply from Staff

Thank you!

Jim B.

December 22nd, 2021

Would be great if you would just put all of these documents into ONE .pdf.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Felicia T.

May 30th, 2023

Great service with all the added resources on the form I requested. Question: How long do the forms stay available on my account?

Reply from Staff

Thanks for the feedback Felicia. Our goal is to keep the documents available in your account indefinitely. It's a good idea to download the documents and store them yourself just in case.