Fayette County Memorandum of Trust Form (West Virginia)
All Fayette County specific forms and documents listed below are included in your immediate download package:
Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Fayette County compliant document last validated/updated 6/18/2024
Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Included Fayette County compliant document last validated/updated 12/9/2024
Completed Example of the Memorandum of Trust Document
Example of a properly completed form for reference.
Included Fayette County compliant document last validated/updated 11/29/2024
The following West Virginia and Fayette County supplemental forms are included as a courtesy with your order:
When using these Memorandum of Trust forms, the subject real estate must be physically located in Fayette County. The executed documents should then be recorded in the following office:
Fayette County Clerk's Office
100 Church St / PO Box 569, Fayetteville, West Virginia 25840-1256
Hours: 8:00 to 4:00 M-F
Phone: (304) 574-4226
Local jurisdictions located in Fayette County include:
- Alloy
- Ansted
- Boomer
- Cannelton
- Charlton Heights
- Danese
- Deep Water
- Dothan
- Edmond
- Fayetteville
- Gauley Bridge
- Glen Ferris
- Glen Jean
- Hico
- Hilltop
- Kanawha Falls
- Kimberly
- Kincaid
- Lansing
- Layland
- Lochgelly
- Lookout
- Meadow Bridge
- Minden
- Montgomery
- Mount Carbon
- Mount Hope
- Mount Olive
- Nallen
- Oak Hill
- Page
- Pax
- Powellton
- Prince
- Robson
- Scarbro
- Smithers
- Spring Dale
- Thurmond
- Victor
- Winona
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Fayette County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Fayette County using our eRecording service.
Are these forms guaranteed to be recordable in Fayette County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fayette County including margin requirements, content requirements, font and font size requirements.
Can the Memorandum of Trust forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Fayette County that you need to transfer you would only need to order our forms once for all of your properties in Fayette County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Fayette County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Fayette County Memorandum of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
The memorandum of trust, codified under the Estates and Trusts chapter of the West Virginia Code at 36-1-4a is executed jointly by all acting trustees and living settlors of a trust. It is recorded in the land records with an acquisition and/or conveyance of real property by a trust in order to maintain a clear account for potential title examinations.
A memorandum contains a statement that the trust exists and the date of the trust; the names of each settlor, current trustee, and successor trustee; the conditions under which the successor assumes trustee powers; and whether or not the trust is revocable. The form also requires a verbatim accounting of the trustee's powers "relative to the acquisition, sale, disposition, or encumbering of real property ... or the conveyance or disposition of real property," depending on the situation, and any restrictions on those powers (W. Va. Code 36-1-4a(a)(2)(iv)). Due to the nature of the transaction for which the memorandum is recorded, a legal description of the subject property is also required. The memorandum may also include the entire text "of any or all of the provisions of the trust" ( 36-1-4a(b)).
Each case is unique, so contact an attorney with questions about this form or anything else relating to trusts in West Virginia.
(West Virginia MOT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Fayette County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Fayette County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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June 29th, 2020
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