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Transfer on Death Deed Form - Nicholas County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/29/2020
Transfer on Death Deed Guide - Nicholas County
Line by line guide explaining every blank on the form.
Included document last updated 2/11/2020
Completed Example of the Transfer on Death Deed Document - Nicholas County
Example of a properly completed form for reference.
Included document last updated 1/21/2020
*The Following West Virginia and Nicholas 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 Nicholas 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.
The documents you receive here will meet, or exceed, the Nicholas County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.7 out of 5 (1155 Reviews) February 19th, 2020
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Review: This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!
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February 19th, 2020
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Review: Documents are great and easy to use, just wish there was a page helping to know where to mail documents to with an amount since it tells you mailing in is an option.
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February 17th, 2020
Name: Doris P.
Review: Easy to understand and fill out Beneficiary Deed, but when I tried to download finished form, it disappeared! Luckily I had printed it first and had to fill out again.
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February 16th, 2020
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February 15th, 2020
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Review: I recently needed an affidavit of death. The form and help tools made it easy to fill out and file. the Recorder accepted this form . Which made the experience painless and easy . All things considered..
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February 14th, 2020
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February 13th, 2020
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Review: Got me all the info I was looking for Thanks you deeds.com
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February 13th, 2020
Name: ANGELA S.
Review: My E-deed was not excepted by the county, so I had to snail mail the documents to the recorders office. Will probably not use this site again, as it did not fulfill my purpose, but would recommend to those who do not have complicated forms.
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February 13th, 2020
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Review: Zero problems, ended up with quality documents. Will use again.
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February 13th, 2020
Name: Janis H.
Review: Amazing! Great forms - created the quitclaim fairly easy, recorded with no issues. Thanks!
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