Mercer County Transfer on Death Deed Form (West Virginia)

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

Transfer on Death Deed Form

Mercer County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Mercer County compliant document last validated/updated 4/5/2024

Transfer on Death Deed Guide

Mercer County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Mercer County compliant document last validated/updated 1/31/2024

Completed Example of the Transfer on Death Deed Form

Mercer County Completed Example of the Transfer on Death Deed Form

Example of a properly completed form for reference.
Included Mercer County compliant document last validated/updated 5/10/2024

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Mercer County. The executed documents should then be recorded in one of the following offices:

Mercer County Clerk

Courthouse - 1501 W Main St, Suite 121, Princeton, West Virginia 24740

Hours: Monday-Friday 8am-4:30pm

Phone: (304) 487-8312

Local jurisdictions located in Mercer County include:

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

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?

Forms are NOT emailed to you. Immediately after you submit payment, the Mercer 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

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 Mercer County using our eRecording service.
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.

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 Mercer County that you need to transfer you would only need to order our forms once for all of your properties in Mercer County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Mercer 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 Mercer 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 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.

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May 23rd, 2024

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May 23rd, 2024

I just completed my first deed filing and I’m very happy with the experience. The deeds staff was extremely supportive and helpful in guiding me through the learning curve of being my first filing without legal assistance. They saved me a ton in legal fees.

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August 20th, 2020

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December 19th, 2019

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June 23rd, 2020

I was very pleased as to how fast and easy the service was. I recommend this service to any one. It's not expensive and it was worth it. Thank you.

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Fawn T.

March 31st, 2023

So easy, forms were great, examples of filled out forms, and instructions guide. Made it way easier, totally worth it!

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Donna R.

February 10th, 2021

Great service. Just started using Deeds.com yesterday. So far, so good.

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Tiffany Dawn J.

September 28th, 2019

Would be nice to have a better description on how to complete the forms if it is separated couple and one is signing the deed over to the other. I am still unsure how it should be worded. Disappointed that the guide didn't have better explanations.

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Fritz C.

August 27th, 2020

Quick and complete info

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Joshua P.

July 27th, 2022

Easy fill in the blanks form. Just FYI make sure you have a copy of whatever deed you are changing and the tax records. You will want the language to be identical.

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willie jr t.

November 23rd, 2020

Awesome! Thanks so so much!

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CYNTHIA W.

April 12th, 2023

My deed has now been recorded. Thank you so very much. I saved about $120.00 by doing this with your document service. Thankfully, I heard about you from a friend and did not go with my Title Company that wanted a fee that seems outrageous because of how simple it was to do. I will definitely "advertise" this service to others.

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Jordan L.

February 16th, 2023

Quick and easy. Lets do it again!

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Corey G.

May 24th, 2023

Very informative and helpful
Thank you so much

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Thank you for the kinds words Corey, glad we could help.