Summers County Transfer on Death Deed Form (West Virginia)

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

Transfer on Death Deed Form

Summers County Transfer on Death Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Summers County compliant document last validated/updated 6/6/2024

Transfer on Death Deed Guide

Summers County Transfer on Death Deed Guide

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

Completed Example of the Transfer on Death Deed Form

Summers County Completed Example of the Transfer on Death Deed Form

Example of a properly completed form for reference.
Included Summers 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 Summers County. The executed documents should then be recorded in the following office:

Summers County Clerk

Courthouse - 451 First Ave, Suite 106, Hinton, West Virginia 25951

Hours: 8:30 to 4:30 M-F

Phone: (304) 466-7104

Local jurisdictions located in Summers County include:

  • Elton
  • Forest Hill
  • Green Sulphur Springs
  • Hinton
  • Jumping Branch
  • Meadow Creek
  • Nimitz
  • Pence Springs
  • Pipestem
  • Sandstone
  • Talcott

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?

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

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 Summers County using our eRecording service.
Are these forms guaranteed to be recordable in Summers County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Summers 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 Summers County that you need to transfer you would only need to order our forms once for all of your properties in Summers County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Summers 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 Summers 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 Summers 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 Summers 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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November 8th, 2020

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May 31st, 2023

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April 15th, 2022

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March 26th, 2022

the forms are easy to understand. How do I go about getting the deed recorded and is there a charge.

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December 26th, 2018

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July 23rd, 2021

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January 4th, 2019

Very nice. Especially liked that I could re-use the form since I have a couple of properties.

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