West Virginia - Braxton County Trustee Deed Form

Name: Trustee Deed
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All Braxton County specific forms listed below are included in your immediate download:

Trustee Deed Form - Braxton County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/28/2020

Braxton County Trustee Deed Guide Page 1

Trustee Deed Guide - Braxton County

Line by line guide explaining every blank on the form.
Included document last updated 8/11/2020

Braxton County Completed Example of the Trustee Deed Document Page 1

Completed Example of the Trustee Deed Document - Braxton County

Example of a properly completed form for reference.
Included document last updated 6/16/2020

*The Following West Virginia and Braxton County supplemental forms are included as a courtesy with your order.

Declaration of Consideration

This document contains information about the exemptions as well as general information. The form that must be submitted is on page 3 and needs to be acknowledged by a notary.

Sales Listing

This form is required in West Virginia and is due at the time of recordation.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Braxton County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Braxton County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Trustee Deed Forms:

Braxton County

Including:

Burnsville
Copen
Exchange
Flatwoods
Frametown
Gassaway
Heaters
Little Birch
Napier
Sutton

What is the 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.

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Our Promise

The documents you receive here will meet, or exceed, the Braxton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.8 out of 5 (1726 Reviews)

August 12th, 2020

Name: Martin B.

Review: Excellent Detailed and clear Easy to use

Reply from Staff on August 12th, 2020

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August 11th, 2020

Name: Joyce H.

Review: I found the site very easy to use and upfront about the cost. I had tried two other sites both of which had hidden costs until after I filled out the forms.