Wayne County Transfer on Death Deed Form

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

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

Wayne 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
Immediate Download • Secure Checkout
Additional West Virginia and Wayne County documents included at no extra charge:
Where to Record Your Documents
Wayne County Clerk
Wayne, West Virginia 25570
Hours: 8:00 to 4:00 M-W, F; Th until 7:00
Phone: (304) 272-6362
Recording Tips for Wayne County:
- Ensure all signatures are in blue or black ink
- Leave recording info boxes blank - the office fills these
- Recording early in the week helps ensure same-week processing
Cities and Jurisdictions in Wayne County
Properties in any of these areas use Wayne County forms:
- Ceredo
- Crum
- Dunlow
- East Lynn
- Fort Gay
- Genoa
- Huntington
- Kenova
- Kiahsville
- Lavalette
- Prichard
- Shoals
- Wayne
- Wilsondale
Hours, fees, requirements, and more for Wayne County
How do I get my forms?
Forms are available for immediate download after payment. The Wayne 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 Wayne County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wayne 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 Wayne 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 Wayne County?
Recording fees in Wayne County vary. Contact the recorder's office at (304) 272-6362 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 Wayne County to use these forms. Documents should be recorded at the office below.
This Transfer on Death Deed meets all recording requirements specific to Wayne County.
Our Promise
The documents you receive here will meet, or exceed, the Wayne 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 Wayne 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.
4.8 out of 5 - ( 4573 Reviews )
Laurie J.
September 10th, 2024
Very satisfied with what I purchased.
Thank you for your positive words! We’re thrilled to hear about your experience.
Roy S.
January 5th, 2022
The website is easy to maneuver and information needed was readily available. Thanks so much!
Thank you!
Rox Ann S.
April 15th, 2023
Very impressed with how fast the service was. Got what I needed within 20 to 30 minutes.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Lori W.
December 2nd, 2020
Great resource! Nice to have these forms and information available. No problems at the recorder, in fact it was the recorder that referred me to deeds.com they like their forms so much.
Thank you for your feedback. We really appreciate it. Have a great day!
Terri B.
April 5th, 2021
It's worth the money. I would like to have seen a variety of examples showing different scenarios for completing a quitclaim deed.
Thank you!
Thomas W.
February 4th, 2020
The serevice was fast and accurate. I would highly recommend Deeds.com to my friends and associates.
Thank you!
Michael L.
June 15th, 2022
Very helpful and efficient
Thank you!
Joel M.
November 8th, 2024
Very easy and efficient. The team was quick to respond when I had questions and made it very simple.
We are delighted to have been of service. Thank you for the positive review!
Charles F.
April 28th, 2020
Hi Please do not take time to respond to my previous inquiry - - - I figured it out. Deeds.com is a great tool for those of us who have occasional need for your type of services. Thanks ! Chuck
Thank you!
William K.
December 14th, 2018
Thanks for the service which was excellent and timely. Instructions were easy to follow and results worth the cost.
Thank you for your feedback. We really appreciate it. Have a great day!
David H.
March 25th, 2022
It was great
Thank you!
Vicki L.
July 4th, 2020
Quick results with accurate information and thorough information.
Thank you!
Judy F.
May 27th, 2022
The site was easy to use, I just wasn't sure which of all these documents I needed.
Thank you!
Thomas N.
March 13th, 2020
Great service, truly helpful & saves time!!
Thank you!
Lance G.
January 12th, 2021
Fast and dependable service, which is so critical in the real estate business. Excellent experience.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!