West Virginia Trustee Deed
County Specific Legal Forms Validated as recently as May 8, 2026 by our Forms Development Team
About the West Virginia Trustee Deed
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Thank you for the comprehensive forms - very much appreciated!"
"I was pleased with the service and product."
"Found the forms I needed with no problem and easy to fill out thanks to the guide that is with it. B…"
"All downloaded now I just have to fill them out. Will let you know how it does. Thanks for the servi…"
"We were extremely satisfied with DEEDS.COM. We spent countless hours trying to contact the Queens Co…"
In a living trust arrangement, a settlor transfers property to another person (the trustee) for the benefit of a third (the beneficiary). The settlor establishes the trust by executing a document referred to as the trust instrument and by contributing assets to the trust. The trust instrument, generally unrecorded, contains the settlor's estate plans and dictates how the trust will be administered. In many living trust arrangements, the settlor serves as the trustee during his lifetime, and designates a successor to take over trustee duties upon his death or incapacitation.
When real property is transferred into trust, the settlor executes a deed naming the trustee as the grantee. The trustee then holds legal title to the property as the administrator of the trust. In order to convey the interest in the property from the trust, the trustee executes a trustee's deed.
The trustee's deed takes its name from the role of the executing party. In most states, deeds are differentiated and named after the type of warranty the grantor makes. In West Virginia, however, no distinction is made between different types of deeds (W. Va. Code 36-3-4).
The statutory form for deeds in West Virginia is codified at W. Va. Code 36-3-5. This general statutory deed can then be modified to include covenants (found at 36-4) made by the grantor. The trustee's deed typically includes a special warranty covenant, ensuring that the grantor "will forever warrant and defend" the grantee's title "against the claims and demands of the grantor and all persons claiming by, through, or under him" ( 36-4-3). The more limited warranty is fitting for individuals acting in a representative capacity, as their knowledge of the standing of title is naturally limited to the scope of their office.
A deed executed by the trustee must name the trust and the date of trust in addition to the currently acting trustees (when real property is correctly titled into the trust, the vesting statement includes this information). The deed should meet all requisites of conveyances affecting interest in real property, including the name, address, and vesting information of the grantee, a statement of consideration made for the transfer, a properly formatted legal description of the subject property, and the necessary signatures made in the presence of a notary public. Deeds are recorded in the office of the county clerk wherein the property is situated.
Because the transaction pertains to real property, a memorandum of trust under 36-1-4a may need to be recorded. Consult a lawyer regarding trustee's deeds in West Virginia to address your unique situation.
(West Virginia TD Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Thank you for the comprehensive forms - very much appreciated!"
"I was pleased with the service and product."
"Found the forms I needed with no problem and easy to fill out thanks to the guide that is with it. B…"
"All downloaded now I just have to fill them out. Will let you know how it does. Thanks for the servi…"
"We were extremely satisfied with DEEDS.COM. We spent countless hours trying to contact the Queens Co…"
Common Uses for Trustee Deed
- Record a trust's ownership interest with the county
- Sell estate property to satisfy debts or obligations
- Distribute real estate to beneficiaries of an estate
- Facilitate the sale of trust-held real estate
- Transfer property held in a revocable or irrevocable trust
Compare other West Virginia deed forms and documents
Important: County-Specific Forms
Our trustee deed forms are specifically formatted for each county in West Virginia.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.