Detailed Answer
Short summary: After co-owners who held property with a right of survivorship die, title typically passes automatically to the surviving owner(s). To update public records in West Virginia you usually must: (1) confirm the survivorship language in the recorded deed, (2) obtain certified death certificates, (3) prepare and record the proper affidavit or instrument (often called an affidavit of survivorship, supplemental affidavit, or new deed), and (4) check for any probate or title issues that could require court action. The exact steps depend on the deed language, whether one or more survivors remain, and whether any disputes or encumbrances exist.
1. Confirm how the co-owners held title
Start by getting a certified copy of the recorded deed from the county clerk/recorder where the property is located. Look for language such as “joint tenants with right of survivorship,” “right of survivorship,” or “tenants by the entirety.” If the deed contains clear survivorship language, ownership usually passes automatically to the surviving owner(s) at death without probate.
2. Obtain certified death certificates
Request certified copies of the deceased co-owner(s)’ death certificates from the West Virginia Department of Health or the local registrar. Most county recorders require a certified death certificate to accept an affidavit or other document that updates title.
3. Determine the recording instrument you need
Depending on county practice and deed language, one of the following is commonly used to update public records:
- Affidavit of Survivorship or Affidavit of Death of Joint Tenant: A notarized affidavit by the surviving co-owner(s) attaching the death certificate(s) and stating that the deceased was a joint owner with a right of survivorship. Many counties accept this to clear title.
- Supplemental or Corrective Deed: If the recorded deed is ambiguous or contains errors, the surviving owner(s) may record a corrective deed or a new deed that reconveys title into the surviving owner(s) only.
- Probate documents or court order: If the deed did not include survivorship language or if ownership is contested, you may need a probate transfer (e.g., deed from the personal representative) or a court order (quiet title action) to clear title.
Contact the county clerk/recorder where the property is recorded to confirm which form they prefer. Counties sometimes provide local affidavit forms and post instructions or fees online.
4. Prepare and notarize the documents
Prepare the affidavit or deed with the legal description exactly as it appears on the recorded deed. Attach certified death certificates. Have the affidavit or deed notarized and include any required witness signatures. If you plan to record a deed, you may also need to include transfer tax stamps or a deed transfer form required by the county.
5. Title search and liens
Before recording, it helps to run a title search or contact a title company to confirm there are no outstanding mortgages, tax liens, or judgments. Mortgages generally remain against the property; a lender’s consent or payoff may be required before a title company will insure the updated title.
6. Record the instrument with the county recorder
Take or mail the notarized affidavit or deed, plus certified death certificates, to the county clerk/recorder for filing. Pay the recording fee. After recording, obtain certified copies or a stamped recorded copy to keep with your property records and for any insurance needs.
7. When probate or court action is needed
If the deed lacks survivorship language, if multiple surviving owners claim different shares, if the property is part of a decedent’s probate estate, or if creditors or heirs dispute ownership, you may need to open probate, obtain letters of administration or testamentary, or file a quiet title action in West Virginia Circuit Court to obtain clear marketable title.
Hypothetical example
Mrs. A and Mrs. B executed a recorded deed in 2010 stating they held title as “joint tenants with right of survivorship.” Mrs. B dies. Mrs. A obtains a certified death certificate for Mrs. B, prepares an Affidavit of Death of Joint Tenant (attaching the death certificate) that cites the recorded deed, has it notarized, and records it in the county where the property is located. After recording, the county’s public records show Mrs. A as sole owner.
Where to check West Virginia resources
Start with the county clerk/recorder office where the property is located for local recording requirements. For statewide information, use the West Virginia Legislature website to search statutes and the West Virginia Department of Health for death certificates: https://www.wvlegislature.gov and https://dhhr.wv.gov. County recorder contact information is usually listed on county government websites.
Disclaimer: This article explains general West Virginia procedures and is for educational purposes only. It is not legal advice. For specific legal guidance about your property and local county requirements, consult a West Virginia real estate attorney or a title company.
Helpful Hints
- Get certified death certificates early—most recorders require originals or certified copies.
- Obtain a copy of the recorded deed first to confirm survivorship language and the exact legal description.
- Call the county recorder before preparing documents to confirm acceptable affidavit language, recording fees, and any additional forms they require.
- If a mortgage exists, contact the lender. The mortgage lien usually survives the death and must be handled separately.
- Consider a title search or title insurance to uncover any hidden liens or clouds on title before recording anything.
- If ownership is unclear or contested, hire a West Virginia real estate attorney to evaluate whether probate or a quiet title action is necessary.
- Keep recorded copies and a complete file (recorded deed, affidavit, death certificates, title report) for future sales or refinancing.
- When in doubt, a short attorney consultation can prevent costly litigation down the road.