Braxton County Trustee Deed Form (West Virginia)

All Braxton County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Form

Braxton County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Braxton County compliant document last validated/updated 5/22/2025

Trustee Deed Guide

Braxton County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Braxton County compliant document last validated/updated 4/15/2025

Completed Example of the Trustee Deed Document

Braxton County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Braxton County compliant document last validated/updated 6/6/2025

When using these Trustee Deed forms, the subject real estate must be physically located in Braxton County. The executed documents should then be recorded in the following office:

Braxton County Clerk

300 Main St / PO Box 486, Sutton, West Virginia 26601-1313

Hours: 8:00 to 4:00 M-F

Phone: (304) 765-2833

Local jurisdictions located in Braxton County include:

  • Burnsville
  • Copen
  • Exchange
  • Flatwoods
  • Frametown
  • Gassaway
  • Heaters
  • Little Birch
  • Napier
  • Sutton

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Braxton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Braxton County using our eRecording service.
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.

Can the Trustee Deed 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 Braxton County that you need to transfer you would only need to order our forms once for all of your properties in Braxton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Braxton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Braxton County Trustee Deed 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

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.

Save Time and Money

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June 6th, 2023

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