West Virginia Revocable Living Trust Form

Updated April 14, 2022

The West Virginia revocable living trust form is used to keep the Beneficiaries of an estate from having to undergo long and costly probate court proceedings when distributing the estate’s assets and property. By placing their various assets and property into a revocable living trust, the Grantor assures that these assets will avoid probate and be distributed according to their wishes. The Grantor will still be able to benefit from their property and assets during their lifetime and, in the event of their incapacitation, the Trustee will ensure that they are cared for as stipulated in the “incapacity clause.” Furthermore, with a revocable living trust, the Grantor has the right to amend or revoke their trust at any time.

 LawsChapter 44D, Article 6 (Revocable Living Trusts)

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 2 – Begin filling out the form by providing the Grantor’s name and the date. Below that you will need to enter a name and address for both the Grantor and the Trustee.

Step 3 – Complete Article 1 by creating a name for the Trust and indicating whether this is an amendment of a prior Trust or if it is a new Trust.

Step 4 – When the Grantor dies, their property will be distributed according to the list created under Article 4, Section A. This list should comprise of all property and a name beside each one, indicating the person to whom it will be bequeathed.

Step 5 – All personal property will be distributed according to Section B of Article 4. Select either “The Beneficiaries” or the second checkbox, which will require the name, address, and Social Security number of the individual.

Step 6 – Section C, and all Parts therein, only need to be completed if the Grantor owns any pets. If they do, a “Pet Caretaker” must be appointed. Enter their name and address into the first set of blank fields. An “Alternate Pet Caretaker” should be included in case the first Pet Caretaker cannot perform the necessary duties.

Step 7 – Under Part (ii) of Section C, indicate what type of funding the Pet Caretaker will receive for the care of the Grantor’s pets. If the first box was checked off, enter the amount of funding as well as how long the funding will continue.

Step 8 – Part (iii) of Section C asks for a name and address. This individual will make sure the Pet Caretaker is using the funds solely for the care of the Grantor’s pets.

Step 9 – Under Article 4, Section D, list up to four (4) Beneficiaries. These individuals will receive equal shares of all undistributed property within the Trust when the Grantor dies.

Step 10 – Under Article 10, the Grantor is able to limit the number of times a Beneficiaries can ask for an accounting of the property in the Trust.

Step 11 – Article 13, Section A includes blank spaces for the names and addresses of the Successor Trustee and 2nd Successor Trustee, respectively.

Step 12 – Any compensation awarded to the Trustees will be indicated under Article 13, Section I.

Step 13 – In order to make a claim, or benefit from, the Trust, a person must survive the Grantor by specific number of days. This number should be entered under Article 15.

Step 14 – Provide the Grantor’s marital status under Article 17. If the Grantor is married, enter the Spouse’s name and proceed to the next step.

One of the boxes must be selected, as shown below, to indicate what will happen to the Grantor’s estate if both the Grantor and the Grantor’s Spouse die at the same time. This is only referred to if it is indeterminable who died first.

Step 15 – Under Article 18, list the names of the Grantor’s children.

Step 16 – To specifically exclude an individual or organization from benefiting from the Trust, enter their names under Article 21.

Step 17 – Under Article 22, signatures, printed names, and the date must be provided by the Grantor, the Trustee, and the Successor Trustee.

Step 18 – Complete the Self-Proving Affidavit form (found on page 19) be providing the following information:

  • State
  • County
  • Grantor’s signature plus the date
  • Trustee’s signature plus the date
  • Successor Trustee’s signature plus the date
  • 2nd Successor Trustee’s signature plus the date
  • Witness signature plus the date
  • 2nd Witness signature plus the date

Step 19 – The last section of page 19 should be completed by a notary public (if present). They must provide the following information:

  • Date of witness
  • Name of Grantor
  • Commission expiry date
  • Notary’s signature
  • Notary’s printed name

Step 20 – The last page of the Trust form should include a list of all property and assets that will be assigned to the Trustee.