West Virginia Quitclaim Deed Overview
In West Virginia, quitclaim deeds are a recognized legal instrument for transferring whatever property interest the grantor holds to the grantee without any warranty of title. West Virginia law allows quitclaim deeds to be used for a variety of purposes, including transfers between family members, property divisions during divorce, transfers to living trusts and LLCs, and correcting title defects. The deed must be properly executed, notarized, and recorded with the county recorder in the county where the property is located to provide constructive notice of the transfer.
West Virginia imposes a transfer tax on real property conveyances, which applies to most quitclaim deed transfers where consideration is paid. The rate is $1.10 per $500 (state) + $0.55 (county), though certain transfers may qualify for exemptions. Understanding West Virginia's specific recording requirements, transfer tax rules, and exemptions is essential for ensuring your quitclaim deed is properly filed and you do not overpay on taxes. West Virginia recording fees start at $20 first page + $5/additional.
$20
Recording fee
$1.10
Transfer tax
Required
Notarization
0
Witnesses required
West Virginia Recording Requirements
West Virginia has specific requirements for recording quitclaim deeds. Meeting these requirements ensures your deed is accepted by the county recorder and provides proper legal notice of the property transfer.
West Virginia Specific Note
West Virginia imposes a combined transfer tax of $1.65 per $500 of consideration ($1.10 state + $0.55 county). Exempt transfers include those between spouses, transfers to trusts, and court-ordered transfers. An Excise Tax Return must be filed with the deed. West Virginia requires deeds to include the tax district and map/parcel number.
Document Requirements
- Notarization: The grantor's signature must be notarized by a West Virginia notary public or a notary authorized in the state where the deed is signed
- Witnesses: West Virginia requires 0 witness(es) for quitclaim deed recording
- Legal Description: Must include the complete legal description of the property as it appears on the current deed of record or county assessor records
- Parcel Number: The assessor's parcel number (APN) or tax ID number must be included on the deed
- Return Address: A mailing address for returning the recorded deed must appear on the first page
- Formatting: West Virginia requires standard document formatting with adequate margins for recording stamps, black ink, and minimum 10-point font
How to File a Quitclaim Deed in West Virginia
Filing a quitclaim deed in West Virginia involves preparing the document, getting it notarized, and recording it with the appropriate county office. Follow these steps for a smooth process.
Prepare the Quitclaim Deed
Complete all required fields including grantor and grantee names, the property's complete legal description, parcel number, and consideration amount. Ensure the deed meets West Virginia's formatting requirements
Get the Deed Notarized
The grantor must sign before a notary public with a valid government-issued photo ID. West Virginia does not require additional witnesses beyond the notary
File With the County recorder
Take the notarized deed to the county recorder in the county where the property is located. Some West Virginia counties accept e-recording for faster processing
Pay Recording Fees and Transfer Taxes
Pay the recording fee ($20 first page + $5/additional) and any applicable transfer tax ($1.10 per $500 (state) + $0.55 (county)). Bring payment in a form accepted by the county recorder
Notify Relevant Parties
Inform your mortgage lender, title insurance company, homeowners insurance provider, and the county tax assessor of the ownership change
West Virginia Tax Implications
West Virginia imposes a transfer tax of $1.10 per $500 (state) + $0.55 (county) on real property conveyances. This tax applies when the deed is recorded and is based on the consideration paid. Several types of transfers may be exempt from the transfer tax, including transfers between spouses, transfers pursuant to divorce decrees, and transfers to trusts where the grantor is the beneficiary. Be sure to check whether your specific transfer qualifies for an exemption.
Regardless of West Virginia's transfer tax rules, federal gift tax implications apply when property is transferred without fair market value consideration. If the value of the gifted property exceeds the annual gift tax exclusion ($18,000 per recipient in 2024), the grantor must file IRS Form 709. The grantee receives the grantor's cost basis rather than a stepped-up basis, which can result in significant capital gains tax when the property is eventually sold.
Property tax reassessment rules vary across West Virginia. Some counties reassess property values upon a change of ownership, while others follow a regular assessment cycle. Contact your local county assessor to understand how the transfer will affect your property tax assessment and whether any homestead or other exemptions need to be re-applied for by the new owner.
West Virginia Quitclaim Deed Fees & Costs
Below is a breakdown of the typical costs associated with filing a quitclaim deed in West Virginia. Actual fees may vary by county.
| Fee / Tax | Amount |
|---|---|
| Recording Fee | $20 first page + $5/additional |
| Transfer Tax / Documentary Stamps | $1.10 per $500 (state) + $0.55 (county) |
| Notarization | $5 - $25 per signature |
| Certified Copy | $1 - $5 per page |
| Attorney Review (optional) | $150 - $500 |
Sample West Virginia Quitclaim Deed
Below is a preview of our West Virginia-specific quitclaim deed. Your customized document will include all fields and declarations required for recording in any West Virginia county.
QUITCLAIM DEED
STATE OF WEST VIRGINIA
Property Transfer Without Warranty
GRANTOR:
Name: [Full Legal Name]
Address: [West Virginia Address]
County: [County]
GRANTEE:
Name: [Full Legal Name]
Address: [Mailing Address]
Vesting: [Tenancy Type]
PROPERTY DESCRIPTION
County: [County] State: West Virginia
Legal Description: [Per Recorded Plat]
Parcel No.: [APN]
Consideration: $[Amount]
West Virginia Quitclaim Deed FAQ
Answers to common questions about filing a quitclaim deed in West Virginia, including recording requirements, fees, and tax implications.
Official West Virginia Resources
Use these official state resources to verify recording requirements, find your county recorder office, and access government forms for your West Virginia property transfer.
West Virginia County Clerks Directory
Official recording office and deed requirements
West Virginia State Tax - Transfer Tax
Transfer tax rates, exemptions, and property tax information
IRS Gift Tax Information
Federal gift tax rules for property transfers
American Land Title Association (ALTA)
Title insurance standards and find a title company
Related West Virginia Documents
Depending on your property transfer situation, you may need additional documents alongside your West Virginia quitclaim deed.
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