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West Virginia Lady Bird Deed

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Updated August 13, 2025

A West Virginia lady bird deed, or enhanced life estate deed, is a document by which a property owner may transfer ownership of the property to a beneficiary immediately upon the owner's death. The owner (grantor) retains full ownership and control of the property until they die, at which time ownership passes directly to the grantee.[1]

How to File

  • Recording: Must be recorded with the County Clerk’s office.[2]
  • Signing: Must be signed by the grantor and acknowledged by a notary public.[2]
  • Margins: Margin requirements are established by each county, typically requiring a 1.5 to 2-inch margin to be left on the top of the first page.[3][4][5]
  • Required Information:
    • Preparer’s Name and Address: The person or business who drafted the deed.[6]
    • Grantor and Grantee Names: The names of the current owner and the person who will be inheriting the property, respectively.[7]
    • Consideration Clause: A statement explaining why the property transfer is exempt from the state transfer tax.[3]
    • Legal Description: The legal description of the property being transferred.[7]
    • Transfer upon Death: A statement that the transfer to the beneficiary is to occur at the time of the grantor’s death.[8]

Main Benefits

  • Maintain Control: The owner retains full control over the property while they are alive.[1]
  • Revocable: Preserves the owner’s ability to amend or revoke the deed during their lifetime.[9]
  • Avoids Probate: The property is transferred to the grantee without having to go through the probate process.[9]
  • Residence Exemption: If the new homeowner is eligible for the state’s property tax exemption, they will need to reapply for the exemption following the transfer of the property.[10]
  • Medicaid Recovery: Prevents the state from making estate recovery claims against the property.[1]
  • Estate Creditors: The property remains outside the grantor’s estate during the probate process. However, any liens or encumbrances on the property are passed on to the grantee after the grantor’s death.[11]

Sample

Download: PDF, MS Word, ODT

Sources

  1. American Council on Aging – Lady Bird Deeds
  2. WV Code § 39-1-2
  3. Jefferson County – Recording
  4. Morgan County – Recording a Document
  5. Mercer County – County Clerk Services
  6. WV Code § 39-1-2a(a)
  7. WV Code § 36-3-5
  8. WV Code § 36-12-9(2)
  9. NOLO – Lady Bird Deeds
  10. Monroe County – Homestead Exemptions
  11. Mandelbaum Barrett PC – Lady Bird Deeds