Upshur County Transfer on Death Deed Form

Upshur County Transfer on Death Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Upshur County Transfer on Death Deed Guide
Line by line guide explaining every blank on the form.

Upshur County Completed Example of the Transfer on Death Deed Form
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional West Virginia and Upshur County documents included at no extra charge:
Where to Record Your Documents
Upshur County Clerk
Buckhannon, West Virginia 26201
Hours: 8:00 to 4:30 M-F
Phone: (304) 472-1068
Recording Tips for Upshur County:
- Bring extra funds - fees can vary by document type and page count
- Request a receipt showing your recording numbers
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Upshur County
Properties in any of these areas use Upshur County forms:
- Adrian
- Buckhannon
- Cleveland
- French Creek
- Frenchton
- Kanawha Head
- Lorentz
- Rock Cave
- Selbyville
- Tallmansville
Hours, fees, requirements, and more for Upshur County
How do I get my forms?
Forms are available for immediate download after payment. The Upshur County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Upshur County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Upshur County?
Recording fees in Upshur County vary. Contact the recorder's office at (304) 472-1068 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Upshur County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Upshur County.
Our Promise
The documents you receive here will meet, or exceed, the Upshur 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
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