West Virginia Transfer-on-Death Deed

At a glance

How the deed works

West Virginia has adopted the Uniform Real Property Transfer on Death Act as W. Va. Code Chapter 36, Article 12 (§ 36-12-1 et seq.). An owner may use a transfer-on-death (TOD) deed to transfer West Virginia real property to one or more beneficiaries or contingent beneficiaries effective at death, without probate. The deed is nontestamentary, remains revocable even if it says otherwise, and requires the same capacity as making a will.

The TOD deed must meet ordinary deed formalities, state that the transfer takes effect at the transferor's death, and be recorded before the transferor dies in the office of the clerk of the county commission for the county where the property is located. During the owner's life the deed creates no interest in the beneficiary and does not affect the owner's or beneficiary's eligibility for public assistance; the beneficiary need not sign, be notified, or pay consideration.

This is educational information, not legal advice. An attorney licensed in West Virginia or another financial professional can confirm whether a TOD deed suits a particular property and estate plan.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In West Virginia:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: W. Va. Code § 36-12-1 et seq. W. Va. Code ch. 36, Art. 12 — Uniform Real Property Transfer on Death Act · adopted 2014.

Changing or revoking the deed

A West Virginia TOD deed stays revocable during the owner's lifetime. The owner revokes by recording, before death and in the same county clerk's office, a later TOD deed that revokes or changes the beneficiary, an instrument of revocation, or a deed conveying the property to someone else. Consent or notice to the beneficiary is not required.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed passes the property subject to all mortgages, deeds of trust, judgment liens, tax liens, and other encumbrances existing at the transferor's death. The beneficiary takes title burdened by those obligations, and secured creditors retain their claims against the property.

Medicaid estate recovery

A TOD deed does not on its own prevent Medicaid estate recovery. While the statute says the deed does not affect the owner's or beneficiary's eligibility for public assistance during life, recovery after death is a separate question that depends on how West Virginia defines the recoverable estate, so anyone tied to Medicaid long-term-care benefits should confirm the current recovery scope with the West Virginia Bureau for Medical Services before relying on the deed.

Community property

West Virginia is a common-law (separate-property) state. West Virginia is a common-law (separate-property) state, not a community-property state. Spouses own property by title, and a married owner's TOD deed transfers only that owner's interest. Survivorship arrangements such as joint tenancy or, where used, marital co-ownership generally take priority over a TOD designation on the same property.

State-specific quirks

Where to read next

• West Virginia estate & inheritance tax — whether West Virginia taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for West Virginia, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology