Warranty Deed in West Virginia

A warranty deed transfers real estate with the seller's promise that the title is good. Before you record it, check your state's signing and recording rules below and your county recorder's formatting rules (margins, preparer and return-address blocks, transfer-tax forms) — recorders reject deeds that miss them.

What West Virginia law says

Signing and recording a deed	The county clerk records a deed once the signer has acknowledged it or it has been proved by two witnesses before the clerk. A deed subject to the real estate transfer excise tax must carry a declaration of consideration or value signed by the grantor, grantee or another responsible party. The excise tax under § 11-22-2(a) is $1.10 per $500 of value, and the same section provides for an additional county tax. A quitclaim deed without consideration (or a transfer of property worth $100 or less with no excise tax paid) must also be signed and acknowledged by the grantee. How the excise tax is split between state and county has changed in recent years; check with the county clerk for the current total. Source: W. Va. Code §§ 39-1-2, 11-22-2(a), 11-22-6
Signing and recording a deed	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. Section 39-1-2 was amended in 2025; check with the county clerk for current recording requirements and fees. Source: W. Va. Code § 39-1-2; § 11-22-2

Signing and recording a deed

The county clerk records a deed once the signer has acknowledged it or it has been proved by two witnesses before the clerk. A deed subject to the real estate transfer excise tax must carry a declaration of consideration or value signed by the grantor, grantee or another responsible party. The excise tax under § 11-22-2(a) is $1.10 per $500 of value, and the same section provides for an additional county tax. A quitclaim deed without consideration (or a transfer of property worth $100 or less with no excise tax paid) must also be signed and acknowledged by the grantee.

How the excise tax is split between state and county has changed in recent years; check with the county clerk for the current total.

Source: W. Va. Code §§ 39-1-2, 11-22-2(a), 11-22-6

Signing and recording a deed

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.

Section 39-1-2 was amended in 2025; check with the county clerk for current recording requirements and fees.

Source: W. Va. Code § 39-1-2; § 11-22-2

Fill it in

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Recording requested by and return to: [name and mailing address]

WARRANTY DEED

For [consideration], [grantor name(s)], of [grantor address] ("Grantor"), grants and conveys to [grantee name(s)], of [grantee address] ("Grantee"), [how grantees take title], the following real property in [county] County, [state]:

Legal description: [full legal description copied from the current deed]

Commonly known as: [street address] Parcel / tax ID: [parcel number]

Grantor warrants the title to the property, as provided by [state] law, subject only to: [exceptions, e.g. easements and restrictions of record, current taxes].

Signed on [date signed]. Grantor signature(s): ____________________

[Acknowledgment before a notary public, in the form your state requires, and any witness signatures your state requires]

Send tax statements to: [name and address for tax bills]

Warranty Deed for other states · West Virginia tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.