Revocable Living Trusts in West Virginia

West Virginia has adopted the West Virginia Uniform Trust Code (W. Va. Code Chapter 44D). Unlike many states, West Virginia requires a trust instrument: except for court-created trusts, a trust is created only if the grantor has capacity and indicates an intention, in a trust instrument, to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. Oral trusts are unenforceable in West Virginia. Unless the terms expressly make the trust irrevocable, the grantor may revoke or amend it (for trusts created by instruments signed on or after the chapter's effective date). Property transferred to the trustee passes under the trust terms without probate; assets in the decedent's own name may still require administration before the county commission.

Non-probate transfers available in West Virginia: (1) Transfer on death deed for real estate (W. Va. Code ch. 36, art. 12, esp. §§ 36-12-8, 36-12-9). (2) Bank deposits held in trust for another and deposits in more than one name with survivorship (W. Va. Code § 31A-4-33). (3) Transfer-on-death registration of securities in beneficiary form, which is nontestamentary (W. Va. Code § 36-10-1 et seq., esp. § 36-10-9). (4) Vehicles can pass to legal heirs without administration by Legal Heir Affidavit when there is no will (West Virginia DMV form DMV-185-TR). (5) Small estate affidavit (W. Va. Code ch. 44, art. 1A). (6) Revocable living trust (West Virginia Uniform Trust Code).