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Trustee Deed Form - Clay County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/28/2020
Trustee Deed Guide - Clay County
Line by line guide explaining every blank on the form.
Included document last updated 8/11/2020
Completed Example of the Trustee Deed Document - Clay County
Example of a properly completed form for reference.
Included document last updated 6/16/2020
*The Following West Virginia and Clay 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.
Including:
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.
Get your Clay 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.
The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
4.8 out of 5 (1731 Reviews) August 13th, 2020
Name: Danny W.
Review: download complete..I am happy with results. Correct document for the state and my application, and it was a simple transaction.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Jim H.
Review: Well written form, and the guidance document and example supplied were very helpful.
Reply from Staff on August 13th, 2020
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August 13th, 2020
Name: Richard S.
Review: Not user friendly, and not an Adobe fan. The first page of Quitclaim Deed form cuts off the Parcel Identification line on the bottom. Also quite a few forms showed up to be downloaded , after I paid, so I was unsure if all the forms were part of the quitclaim package. I have adobe but was unable to locate the forms in adobe on my computer after I downloaded them. Just wanted to print out one quitclaim deed form, which would have taken less that 3 minutes. instead it took 97 minutes. Thank you, though, for having the form there.
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August 13th, 2020
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Review: I am so happy that I was able to get these forms. So simple to get and seems like will be easy to fill out . Thank you
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August 13th, 2020
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August 12th, 2020
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Review: Excellent Detailed and clear Easy to use
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August 11th, 2020
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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.
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August 11th, 2020
Name: Robert J.
Review: Ordered the quitclaim forms. Amazing value! Received everything I needed and then some. The forms were easy to use and understand with the help of the guide. The best part was that once completed I used deeds.com's e-recording service to submit the document for recording (our county offices are still closed). Outstanding!
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August 11th, 2020
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