Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When heirs inherit real property, they often receive fractional interests as tenants in common. To transfer those interests—especially when the property lies in another state—West Virginia heirs generally have two options:
1. Personal Representative’s (Executor’s) Deed
- If the decedent’s estate is open in West Virginia, the court-appointed personal representative (executor or administrator) may convey the property on behalf of all heirs.
- Authority: W. Va. Code §44-6-16 (Sale of land by personal representatives).
- Requirements:
- Court order or letters testamentary/administration from the probate court.
- Personal representative’s deed form, properly executed and notarized.
2. Quitclaim Deed by Each Heir
- Heirs can directly sign a quitclaim deed to release any interest they hold in the property.
- Quitclaim deeds carry no warranty; they simply transfer whatever interest the grantor possesses.
- Commonly used when the estate is small, probate has closed, or heirs wish to divide proceeds privately.
Recording the Deed
- Choose the proper jurisdiction: Record in the county and state where the property is located.
- If the property lies outside West Virginia, follow the recording procedures of that state’s land records office.
- Prepare required documents:
- Original deed (personal representative’s or quitclaim deed) with full legal description of the property.
- Certified copy of letters testamentary or letters of administration (for personal representative’s deeds).
- Affidavit of Death of Former Owner and Heirship Affidavit, if required by local practice.
- Notarize signatures: All grantors (the personal representative or heirs) must sign before a notary public.
- Payment of recording fees and transfer taxes: Fees vary by county; verify current rates with the recording office.
- Submit to the county recorder’s office: Deliver or mail the original documents and fees to the recorder or clerk of the county where the property is located.
- Obtain a certified copy: After recording, request a certified copy of the deed for your records.
Helpful Hints
- Verify heirship: Conduct a thorough title search to identify all rightful heirs before preparing deeds.
- Use clear legal descriptions: Pull the exact property description from the prior deed to avoid ambiguities.
- Consult local rules: Each recording office has its own formatting and cover-sheet requirements.
- Consider title insurance: Even with a quitclaim deed, title insurance can protect the buyer or co-heirs against undisclosed interests.
- Seek probate counsel: Complex estates or disputes benefit from guidance by a probate or real estate attorney.