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Transfer on Death Deed Form - Hancock County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/10/2019
Transfer on Death Deed Guide - Hancock County
Line by line guide explaining every blank on the form.
Included document last updated 10/28/2019
Completed Example of the Transfer on Death Deed Document - Hancock County
Example of a properly completed form for reference.
Included document last updated 10/22/2019
*The Following West Virginia and Hancock 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 Hancock 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.
We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.
4.7 out of 5 (954 Reviews) November 10th, 2019
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Reply from Staff on November 10th, 2019
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November 9th, 2019
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November 9th, 2019
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November 9th, 2019
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Review: I sent Deeds.com an email with a question, asking for a little guidance as to which form(s) I need, but I'm waiting for a reply. My wife and I own 3 homes (2 in Indiana & 1 in Florida). We are needing to deed each to ourselves and put them into our living trust. I asked Deeds.com to please help by suggesting which forms I need for this. I do not want to get the wrong ones. I have not received a reply yet. When I receive a helpful reply and am able to purchase the correct forms, I am fairly certain my rating will go from 1 to 5. I withhold judgement until later.
Reply from Staff on November 9th, 2019
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November 7th, 2019
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November 6th, 2019
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Review: I was blown away by all the information I received for just $19.00!! I am still reading through it. Great job of explaining everything.
Reply from Staff on November 7th, 2019
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November 6th, 2019
Name: John R.
Review: All the material included made preparing the quit claim deed very easy. Good product.
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