Upshur County Memorandum of Trust Form (West Virginia)
All Upshur 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 Upshur County compliant document last validated/updated 6/18/2024
Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Included Upshur County compliant document last validated/updated 11/15/2024
Completed Example of the Memorandum of Trust Document
Example of a properly completed form for reference.
Included Upshur County compliant document last validated/updated 11/6/2024
The following West Virginia and Upshur 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 Upshur County. The executed documents should then be recorded in the following office:
Upshur County Clerk
40 W Main St, Rm 101, Buckhannon, West Virginia 26201
Hours: 8:00 to 4:30 M-F
Phone: (304) 472-1068
Local jurisdictions located in Upshur County include:
- Adrian
- Buckhannon
- Cleveland
- French Creek
- Frenchton
- Kanawha Head
- Lorentz
- Rock Cave
- Selbyville
- Tallmansville
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 Upshur 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 Upshur County using our eRecording service.
Are these forms guaranteed to be recordable in Upshur County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Upshur 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 Upshur County that you need to transfer you would only need to order our forms once for all of your properties in Upshur County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by West Virginia or Upshur 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 Upshur 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 Upshur 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 Upshur 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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November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
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November 21st, 2024
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November 20th, 2024
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May 22nd, 2019
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May 7th, 2020
It would be helpful if an email was sent to notify you of any additional invoices needed, documents were accepted and/or recorded. It is not always convenient to check your website on a daily basis to determine the status of the requesting recordings.
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February 25th, 2021
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June 18th, 2022
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March 23rd, 2021
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November 9th, 2020
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