Transfer on death deed West Virginia (also called a TOD deed or beneficiary deed) is one of the simplest and most cost-effective ways West Virginia residents can avoid probate for real estate. As a West Virginia real estate attorney who has prepared and recorded hundreds of these deeds since the law took effect in 2014, I’ve seen firsthand how a properly executed transfer on death deed in West Virginia can save families thousands in probate fees and months of delay.
In this comprehensive guide, I’m giving you my exact 2025-updated, lawyer-reviewed free downloadable Transfer on Death Deed West Virginia template that complies with West Virginia Code §36-1-20 through §36-1-23. You’ll also get step-by-step filing instructions, tax implications, common mistakes, and answers to the questions my clients ask most often.
A West Virginia transfer on death deed is a special type of deed that allows you (the owner) to name one or more beneficiaries who will automatically receive your real estate upon your death—without going through probate court. The transfer is revocable during your lifetime, meaning you retain full ownership and control until the moment you pass away.
West Virginia officially adopted the Uniform Real Property Transfer on Death Act in 2014 (see W. Va. Code §36-1-20 et seq.). Since then, thousands of Mountain State homeowners have used TOD deeds for homes, farms, mineral interests, and vacant land.
Click here to download the free West Virginia Transfer on Death Deed template (Word + PDF)
This template is current as of November 2025 and includes:
Our free West Virginia TOD deed template uses fill-in-the-blank fields. Pay special attention to the “Transfer on Death” language – West Virginia law requires the exact phrase “transfer on death” or the abbreviation “TOD” immediately after each beneficiary’s name.
The grantor (you) must sign in front of a notary public. West Virginia does not require witnesses, but the notary acknowledgment must be in substantially the form found in W. Va. Code §39-4-11.
File the original signed and notarized deed at the County Clerk’s office in the county where the property is located. Recording fees are typically $30–$55 for the first five pages (varies by county). The deed must be recorded before your death to be effective.
| Feature | TOD Deed | Last Will & Testament | Revocable Living Trust |
|---|---|---|---|
| Avoids Probate | Yes (for real estate only) | No | Yes |
| Cost to Create | Free–$300 | $0–$800 | $1,500–$3,500 |
| Controls Assets During Lifetime | Yes | No | Yes |
| Covers Out-of-State Property | No | Yes | Yes |
| Remains Private | Yes (until death) | No | Yes |
According to the IRS, property transferred by a TOD deed receives a stepped-up basis for capital gains purposes (see IRS Publication 551). This is usually a major tax advantage over property transferred by will or trust.
West Virginia has no state-level estate or inheritance tax as of 2025.
Yes. You can name multiple primary beneficiaries (they will own as tenants in common unless you specify joint tenants with right of survivorship) and contingent beneficiaries.
No. Filing a transfer on death deed West Virginia has no impact on property taxes, homestead exemptions, or Medicaid eligibility.
Yes – simply record a signed, notarized revocation or execute and record a new TOD deed naming different beneficiaries.
If you named a contingent beneficiary, the property passes to them. If not, the TOD deed becomes ineffective and the property passes through your will or intestate succession.
Yes, for the real estate listed on the deed. A TOD deed is a non-probate transfer and takes precedence over a will.
Important Disclaimer: This article and the free West Virginia transfer on death deed template are provided for informational purposes only and do not constitute legal advice. Estate planning laws can change and each situation is unique. Always consult a licensed West Virginia attorney or title professional before executing any real estate deed.
Ready to protect your family from probate? Download the free 2025-compliant Transfer on Death Deed West Virginia template today and take the first step toward peace of mind.