Upshur County Transfer on Death Deed Form
Last validated June 25, 2026 by our Forms Development Team
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:
- Ask if they accept credit cards - many offices are cash/check only
- Double-check legal descriptions match your existing deed
- Request a receipt showing your recording numbers
- Check margin requirements - usually 1-2 inches at top
- Recorded documents become public record - avoid including SSNs
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 the applicable formatting requirements used for recording in Upshur County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
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 are guaranteed to meet or exceed the applicable Upshur County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Upshur 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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January 16th, 2019
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March 22nd, 2023
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EARL R.
June 4th, 2023
easy to use once i found out i could fill it out right on the deeds website instead of downloading it to word duh.
Thank you for your feedback Earl. We'll work on ways to make it more clear that the forms are fill in the blank right in the PDF. Have an amazing day!
charles g.
December 2nd, 2019
very good forms. they covered everything i needed.
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Sheryl B.
March 2nd, 2019
Great forms. Just what I needed.
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Melanie K.
December 27th, 2019
Great service! Super easy to use! I used the service to download a deed notice to do a TOD on a property in Fairfax County, VA. Just a heads up that Fairfax County required me to add the last deed book and page # onto the deed notice but otherwise all was just as they required!
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Nancy C.
January 15th, 2021
Simple and easy to download. After reading the instructions/sample pages I did still have some questions regarding the beneficiary deed for the state of MO.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Diane W.
January 3rd, 2020
The forms were immediately available for download, which was nice. However, I was not impressed by the lack of several features: 1) there was no way to edit set text in the form, such as where it says you should consult an attorney. That is not necessary for recording the deed and I wanted to deleted it, but could not. 2) Also, under the "Notes" section, there is a limited area to write; I tried adding a fuller explanation of something, but the form would not accept or include it when I printed the final document. The form may do the job, but it's not very sophisticated or elegant.
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Teresa F.
October 7th, 2022
Great! Received documents to download immediately and was able to do the needed with the information and instructions. Thank you
Thank you!
Michael M.
July 30th, 2019
Received the documents as ordered in a timely fashion. Can't ask for much better than that!
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Charles K.
December 23rd, 2021
So far it has been a good experience. I am working on getting a beneficiary deed.
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Deabra A.
April 5th, 2026
Your Quitdeed form was easy to understand with the guidelines provided and an example of an already completed form to see how you should complete your form. The price is reasonable for a do it yourself.
Thank you, Deabra. We’re glad the form and examples made the process clear and that you found it a good value for a do-it-yourself option.
Gail W.
July 2nd, 2019
Easy to use!!
Thank you!
Steve B.
February 6th, 2020
Good format. Timely response. Adding a photo of the property would be a good improvement.
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James A.
June 11th, 2019
As advertised.
Thank you!