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West Virginia - Monroe County Transfer on Death Deed Form

All Monroe County specific forms listed below are included in your immediate download:


Monroe County Transfer on Death Deed Form Page 1

Transfer on Death Deed Form - Monroe County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/10/2019


Monroe County Transfer on Death Deed Guide Page 1

Transfer on Death Deed Guide - Monroe County

Line by line guide explaining every blank on the form.
Included document last updated 8/29/2019


Monroe County Completed Example of the Transfer on Death Deed Document Page 1

Completed Example of the Transfer on Death Deed Document - Monroe County

Example of a properly completed form for reference.
Included document last updated 8/20/2019


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


Declaration of Consideration

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

Sales Listing

This form is required in West Virginia and is due at the time of recordation.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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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 Monroe County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Monroe 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:

  • Monroe County

Including:

  • Alderson
  • Ballard
  • Gap Mills
  • Greenville
  • Lindside
  • Peterstown
  • Secondcreek
  • Sinks Grove
  • Union
  • Waiteville
  • Wayside
  • Wolfcreek

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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.

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Save Time and Money

Get your Monroe 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.

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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.

Customer Reviews:

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October 22nd, 2019

Name: Dana Y.

Review: Purchased and used the quitclaim form. I have no complaints with any aspect. The forms, instructions, and example all came together to make the process very easy.

Reply from Staff on October 22nd, 2019

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October 22nd, 2019

Name: Jeanne A.

Review: great forms, nice that they are fillable pdfs, easy to use, no issues. thanks.

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October 22nd, 2019

Name: Sarah K.

Review: I was annoyed when I realized I couldn't put the document into Word or WordPerfect. I had to retype the entire document. What a waste of time and money.

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Review: The site was easy to navigate...all the information needed to fill in the forms was included, which was very helpful and a pleasant surprise...form completed in short order...made taking care of business quick and easy...Thanks for the thoughtful and excellent help, I will share the link with others and I will use the site again...Thanks

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Review: THANKS FROM A 92 YEAR OLD LADY

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October 19th, 2019

Name: JANET D.

Review: was good choice for me but did not realize notary had to witness all 3 signatures at the same luckily had extra copy to be signed in her presence

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October 18th, 2019

Name: Holly M.

Review: This was the simplest method of filing a document that I've ever encountered. I've already recommended it my colleagues, and would highly encourage anyone to use it. Fast, easy, simple.

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October 18th, 2019

Name: Carolyn A.

Review: Easy to use!!

Reply from Staff on October 18th, 2019

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October 18th, 2019

Name: Philip B.

Review: Pleased with the results, except for the "notice of confidentiality rights" above the QUIT CLAIM DEED headline. Is it needed to be included on the form or can it be removed ? How can it be removed, I do not see a reason for it to be on the print out copy. Thank you.

Reply from Staff on October 18th, 2019

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Price: $19.97

Notice: You are ordering blank forms, NOT a copy of your existing deed.