Brooke County Trustee Deed Form

Brooke County Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

Brooke County Trustee Deed Guide
Line by line guide explaining every blank on the form.

Brooke County Completed Example of the Trustee Deed Document
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 Brooke County documents included at no extra charge:
Where to Record Your Documents
Brooke County Clerk
Wellsburg, West Virginia 26070-1743
Hours: 9:00 to 5:00 M-F / first & last Sat 9:00 to 12:00 (except holiday weekends)
Phone: (304) 737-3661
Recording Tips for Brooke County:
- Ensure all signatures are in blue or black ink
- Avoid the last business day of the month when possible
- Make copies of your documents before recording - keep originals safe
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Brooke County
Properties in any of these areas use Brooke County forms:
- Beech Bottom
- Bethany
- Colliers
- Follansbee
- Short Creek
- Wellsburg
- Windsor Heights
Hours, fees, requirements, and more for Brooke County
How do I get my forms?
Forms are available for immediate download after payment. The Brooke 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 Brooke County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Brooke 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 Brooke 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 Brooke County?
Recording fees in Brooke County vary. Contact the recorder's office at (304) 737-3661 for current fees.
Questions answered? Let's get started!
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)
Important: Your property must be located in Brooke County to use these forms. Documents should be recorded at the office below.
This Trustee Deed meets all recording requirements specific to Brooke County.
Our Promise
The documents you receive here will meet, or exceed, the Brooke 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 Brooke County Trustee 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.
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January 3rd, 2023
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