Deed Transferring Real Property into Living Trust - West Virginia

IMPORTANT — EXCISE TAX AND THE SALES LISTING FORM. West Virginia imposes an excise tax on the privilege of transferring real property (W. Va. Code § 11-22-2). Under the definitions in § 11-22-1, the term "document" (the thing taxed) does not include "testamentary or inter vivos trusts," "transfers without consideration between a principal and straw party for any purpose," or "quitclaim or corrective deeds without consideration." A no-consideration deed funding the grantor's own revocable living trust therefore generally falls outside the excise tax. Even so, the deed must carry a Declaration of Consideration or Value, and a completed, verified Sales Listing Form (STC 12:39) must be tendered to the clerk of the county commission — the clerk may not record the deed without it (§ 11-22-6).

PART I — RECORDING HEADER

This instrument prepared by:
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________], Trustee
[____________________________________]

Tax Map & Parcel No. / District: [____________]

SPACE ABOVE THIS LINE RESERVED FOR THE CLERK OF THE COUNTY COMMISSION

PART II — DEED TO REVOCABLE LIVING TRUST

DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of West Virginia

1. GRANTOR

[GRANTOR FULL LEGAL NAME], ☐ an unmarried person ☐ a married person, whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Trustee"), whose mailing address is [____________________________________].

The Property is conveyed to the Trustee, and to any successor trustee without the necessity of further conveyance, to be held, administered, and distributed under the terms of the [TRUST NAME] dated [__/__/____] (the "Trust") and under the West Virginia Uniform Trust Code, W. Va. Code § 44D-1-101 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, without consideration and with no change in beneficial ownership of the Property. The Grantor is the settlor and a beneficiary of the Trust during the Grantor's lifetime. Any recited consideration is nominal — One Dollar ($1.00) and other good and valuable consideration — and this transfer is not a sale.

4. GRANTING CLAUSE

The Grantor, for the consideration stated above, the receipt and sufficiency of which are acknowledged, does hereby:

☐ GRANT and CONVEY, with COVENANTS OF GENERAL WARRANTY (warranty deed); or

☐ GRANT and RELEASE, WITHOUT COVENANT OR WARRANTY (quitclaim / deed without warranty)

unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, and interest in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, WEST VIRGINIA, ZIP]

County: [____________] County, West Virginia District: [____________]

Tax Map & Parcel No.: [____________]

Legal Description: See Exhibit A attached hereto and incorporated by reference. Being the same property conveyed to the Grantor by deed dated [__/__/____], of record in the office of the Clerk of the County Commission of [____________] County in Deed Book [____], Page [____].

TO HAVE AND TO HOLD the Property, together with all improvements, rights, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, land-use, building, and environmental laws and regulations; and
(d) Any deed of trust, mortgage, or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD / TAX-EXEMPTION CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homestead / Class II tax classification. The parties intend that the Property's owner-occupied Class II ad valorem classification and any Homestead Exemption (for owners 65+ or permanently and totally disabled, W. Va. Code § 11-6B) continue uninterrupted following this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm with the county Assessor that the classification and exemption are preserved after re-titling and re-file any required claim.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. EXCISE-TAX TREATMENT AND GARN-ST GERMAIN RECITALS

7.1 West Virginia excise tax on transfers of realty (W. Va. Code §§ 11-22-1, 11-22-2). West Virginia imposes an excise tax on the privilege of transferring real property when a taxable "document" is recorded (§ 11-22-2). Under the definition in § 11-22-1(4), "document" does not include "testamentary or inter vivos trusts," "transfers without consideration between a principal and straw party for any purpose," or "quitclaim or corrective deeds without consideration." This deed funds the Grantor's own inter vivos (revocable living) trust without consideration; accordingly, it is generally not a taxable "document," and no excise tax / transfer stamps are due. Confirm this treatment with the Clerk of the County Commission before recording.

7.2 Declaration of Consideration or Value; Sales Listing Form (W. Va. Code § 11-22-6). A Declaration of Consideration or Value, signed by the grantor, grantee, or other responsible party, must appear on the face or at the end of this deed (see Section 8). In addition, a completed and verified Sales Listing Form (STC 12:39) for the State Tax Commissioner must be tendered with the deed; on or after July 1, 1996, the clerk may not record any document unless the Sales Listing Form is tendered (§ 11-22-6).

7.3 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

8. DECLARATION OF CONSIDERATION OR VALUE (W. Va. Code § 11-22-6)

I hereby declare that the true and actual consideration paid for, or the value of, the property conveyed by this deed is $[____________] (state actual value; this no-consideration transfer to the grantor's own inter vivos trust is not a taxable "document" under W. Va. Code § 11-22-1).

Given under my hand this ____ day of ______________, 20____.

____________________________________
Signature — ☐ Grantor ☐ Grantee ☐ Other party familiar with the transaction
Address: [____________________________________]

9. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to release marital/homestead interests (if applicable)

10. NOTARY ACKNOWLEDGMENT (West Virginia — W. Va. Code § 39-1-2)

The foregoing instrument was acknowledged before me this ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who is/are known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are signed to the foregoing deed, and who acknowledged that he/she/they executed the same as his/her/their free act and deed.

____________________________________
Notary Public
My commission expires: ______________

(Affix notarial seal/stamp)

11. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed in the office of the Clerk of the County Commission of [____________] County, West Virginia — the county where the Property is located (W. Va. Code § 40-1-9).
2. Declaration of Consideration or Value. Confirm the Declaration (Section 8) appears on the deed (W. Va. Code § 11-22-6).
3. Sales Listing Form (MANDATORY). Complete and tender the verified Sales Listing Form (STC 12:39) with the deed. The clerk will not record the deed without it. Indicate the no-consideration / inter vivos-trust nature of the transfer. See Section 7.
4. Excise tax / stamps. Because this is generally not a taxable "document" under § 11-22-1, no transfer stamps should be required; confirm with the clerk. Pay the per-page recording fee and any preservation fees.
5. Update collateral records. After recording, (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm the Class II classification / Homestead Exemption with the Assessor; (c) provide a recorded copy and a Certification of Trust (W. Va. Code § 44D-10-1013) to the title company; and (d) record the deed before any closing on a sale or refinance.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — metes-and-bounds, or lot/block/subdivision with map reference, including the district, tax map, and parcel number, and the prior deed book/page reference. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• W. Va. Code § 36-1-1 / § 36-1-3 — estates and conveyances of land must be in writing.
• W. Va. Code § 39-1-2 — acknowledgment of deeds and other writings.
• W. Va. Code § 40-1-9 — recording in the office of the clerk of the county commission; constructive notice.
• W. Va. Code § 11-22-1 — definitions; "document" excludes testamentary/inter vivos trusts and without-consideration transfers; "value."
• W. Va. Code § 11-22-2 — excise tax on the privilege of transferring real property.
• W. Va. Code § 11-22-6 — Declaration of Consideration or Value on the deed; mandatory Sales Listing Form (STC 12:39) for the State Tax Commissioner.
• W. Va. Code § 11-6B — Homestead Exemption (owners 65+ or permanently and totally disabled).
• W. Va. Code § 44D-1-101 et seq. — West Virginia Uniform Trust Code; § 44D-10-1013 (certification of trust).
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer
• West Virginia Tax Division — Sales Listing Form STC 12:39 (tax.wv.gov).

This document is provided for informational purposes only and does not constitute legal advice. Tender the Sales Listing Form to record, confirm excise-tax treatment with the clerk, and consult a licensed West Virginia attorney before executing or recording this deed.