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Free West Virginia Quitclaim Deed Form
Use this free West Virginia quit claim deed form to transfer property. Fill out the form, download your deed, and notarize it before recording with your county.
West Virginia Quit Claim Deed Form
Your deed needs to be notarized before recording
All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.
West Virginia Quit Claim Deed Requirements
Before recording a quit claim deed in West Virginia, make sure the document meets these requirements:
- ✓Deed must be in writing and signed by the grantor(s)
- ✓Grantor's signature must be notarized AND attested by two witnesses
- ✓Property must be identified by its legal description
- ✓Deed must name the grantor(s) and grantee(s) by full legal name
- ✓Must be recorded with the County Clerk in the county of the property
- ✓Excise Tax on Transfer: $1.65 per $500 of value
- ✓Certain transfers between spouses may be exempt from the excise tax
- ✓Recording fees are paid at time of filing
After You Record Your Deed in West Virginia
After the County Clerk records your deed, the original is returned to the grantee or the designated address. The county assessor uses the recorded deed to update property tax ownership, and the grantee is responsible for West Virginia property taxes from the date of transfer. West Virginia property taxes are collected by county sheriffs, so update your mailing address with the assessor and sheriff's office.
Common Uses for a Quit Claim Deed in West Virginia
West Virginia quit claim deeds are most often used to transfer property between spouses in connection with divorce or marriage, to gift property from parents to adult children, and to transfer farmland and mineral-rights-bearing property between family generations. West Virginia has significant mineral estate ownership separate from surface rights, and quit claim deeds are sometimes used to transfer surface rights independently. Estate planning transfers into revocable living trusts and moves of property into LLCs are also common.
West Virginia Quit Claim Deed FAQ
Does a quit claim deed need to be notarized in West Virginia?
Yes. West Virginia requires the grantor's signature to be notarized AND witnessed by two adults. All signatories must be present at the same time when the grantor signs. Online notarization through a service like NotaryLive can coordinate the notarization, but two in-person witnesses are still required at signing.
Where do I record a quit claim deed in West Virginia?
You file the deed with the County Clerk in the county where the property is located. West Virginia has 55 counties, each with its own County Clerk. Recording fees vary by county.
Is there a transfer tax in West Virginia?
Yes. West Virginia imposes an Excise Tax on the Privilege of Transferring Real Property at a rate of $1.65 per $500 of the consideration or value (or $3.30 per $1,000). The tax is paid at the time of recording. Transfers between spouses and transfers with no consideration may qualify for an exemption.
Can I use a quit claim deed to transfer property to a family member in West Virginia?
Yes. Family transfers are common in West Virginia. Transfers between spouses may be exempt from the Excise Tax. Transfers with no consideration between other family members may also qualify for an exemption. Confirm the exemption with the County Clerk or a West Virginia real estate attorney.
Who can serve as a witness for a quit claim deed in West Virginia?
A witness must be an adult who is not a party to the deed. Both witnesses must be physically present when the grantor signs the deed and must sign it themselves in the grantor's presence. The notary public cannot serve as one of the two required witnesses. Family members of the grantor or grantee can generally serve as witnesses, though disinterested parties are recommended.
Are there exemptions to the West Virginia Excise Tax?
West Virginia exempts from the Excise Tax transfers between spouses with no consideration, transfers from a person to their own revocable trust, transfers to government entities, and certain other transactions. The exemption is noted on the deed at the time of recording. A West Virginia real estate attorney can confirm whether your specific transfer qualifies for an exemption.
What to Bring When Recording Your West Virginia Quitclaim Deed
Before you go to the recording office, make sure you have everything on this list to avoid delays.
- 1Executed deed (signed and notarized)
- 2Sales Listing Form (required with deed)
- 3Recording fee (paid to the County Clerk)
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