Quitclaim Deeds and Transferring Property in West Virginia

The clerk of the county commission records a deed when it has been acknowledged by the signer, or proved by two witnesses before the clerk. A quitclaim deed without consideration, or a deed for property valued at $100 or less on which no transfer excise tax is paid, must also be signed and acknowledged by the grantee, except for transfer on death deeds and gift transfers between spouses, parents and children (and their spouses), or grandparents and grandchildren (and their spouses) for less than $2,000; a deed recorded in violation of this rule is void. A state excise tax of $1.10 per $500 of value applies, plus a county excise tax (55 cents per $500, which counties may raise up to $1.65 per $500), generally paid by the grantor.

Yes. West Virginia has adopted the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the transferor's death, and be recorded before the transferor's death in the office of the clerk of the county commission where the property is located. The transferor needs the same capacity as for a will. Recording it is exempt from the real estate transfer excise tax because no interest passes until death and the deed remains revocable.