West Virginia - Mercer County Transfer on Death Deed Forms

Included Forms

All Mercer County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

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

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Declaration of Consideration (West Virginia Document)

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Sales Listing Form (West Virginia Document)

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Instructions for Sales Listing Form (West Virginia Document)

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Certificate of Acknowledgment - Individual (West Virginia Document)

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Certificate of Acknowledgment - Representative (West Virginia Document)

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Verification of an Oath - Jurat (West Virginia Document)

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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 Mercer County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mercer 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 Transfer on Death Deed Forms:

• Mercer County

Including:

• Athens
• Beeson
• Bluefield
• Bramwell
• Camp Creek
• Flat Top
• Freeman
• Hiawatha
• Kegley
• Kellysville
• Lashmeet
• Lerona
• Matoaka
• Montcalm
• Nemours
• Oakvale
• Princeton
• Rock
• Spanishburg
• Wolfe

What is the West Virginia Transfer on Death Deed?

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.

Our Promise

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

Customer Reviews:

4.8 out of 5 (3547 Reviews)

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June 29th, 2022

Name: Judith F.

Review: Was easy to use the eRecording service.

Reply from Staff on June 29th, 2022

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Reply from Staff on June 29th, 2022

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June 28th, 2022

Name: Virginia S.

Review: Very easy to use. Had my Transfer of Death Designation Affidavit done in no time and filed with the Recorder's Office the next day.

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Reply from Staff on June 28th, 2022

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June 26th, 2022

Name: William S.

Review: The forms worked well for entering information. I have finished without much trouble. Since the forms are Adobe PDF files you need the free app to use them but you can't edit unless you have the paid Adobe program. And, it was a reasonable price.

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