My Account Deeds.com Real Estate Deeds

West Virginia Trustee Deed

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.

Deeds.com West Virginia Trustee Deed Forms Have Been Updated as Recently as Thursday June 18, 2020

4.8 out of 5 (1555 Reviews)

What others like you are saying:


Ken W. said: Everything perfect, good price. Completely satisfied

Reply from Staff: Thank you!


June G. said: AMAZING! Easy to use, reasonable fee - and get MUCH MORE than just a deed form. I ordered a "deed" and received a whole "package," including a guide and the jurisdiction's costs schedule and cover page that would be needed to record the deed - even included a Certificate of Transfer that is not required for a deed but something I needed for a different transaction. The website was extremely easy to use and the cautions about not disclosing personal information were so clear and personal, they made me feel secure in knowing this site was not trying to rip me off. Very professional. Well done.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Paul D. said: Easy to use! The forms were perfect and everything was explained well! Will use again!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Anthony C. said: I am filing a Personal Representative Deed. Haven't used the forms yet but the package sent is comprehensive and appears easy to follow. A bit help to someone who has never done this.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


lee s. said: Over all quality of document was good. The issue I had was where it states claimant did not have a contract with the owner or their agent. I did have a contract with their agent, and there was no option for both. So had improvise.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


John D. said: Forms were easy to complete, with the instructions that were provided. Very satisfied!

Reply from Staff: Thank you!


West Virginia Trustee Deed Form