Nicholas County Trustee Deed Form (West Virginia)

All Nicholas County specific forms and documents listed below are included in your immediate download package:

Trustee Deed Form

Nicholas County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Nicholas County compliant document last validated/updated 10/3/2024

Trustee Deed Guide

Nicholas County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Nicholas County compliant document last validated/updated 10/9/2024

Completed Example of the Trustee Deed Document

Nicholas County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Nicholas County compliant document last validated/updated 8/30/2024

When using these Trustee Deed forms, the subject real estate must be physically located in Nicholas County. The executed documents should then be recorded in the following office:

Nicholas County Clerk

Courthouse - 700 Main St, Summersville, West Virginia 26651-1444

Hours: 8:30 to 4:30 M-F

Phone: (304) 872-7820

Local jurisdictions located in Nicholas County include:

  • Belva
  • Birch River
  • Calvin
  • Canvas
  • Craigsville
  • Dixie
  • Drennen
  • Fenwick
  • Gilboa
  • Keslers Cross Lanes
  • Leivasy
  • Mount Lookout
  • Mount Nebo
  • Nettie
  • Pool
  • Richwood
  • Summersville
  • Swiss
  • Tioga

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 Nicholas 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 Nicholas County using our eRecording service.
Are these forms guaranteed to be recordable in Nicholas County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Nicholas County including margin requirements, content requirements, font and font size requirements.

Can the Trustee Deed 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 Nicholas County that you need to transfer you would only need to order our forms once for all of your properties in Nicholas County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by West Virginia or Nicholas 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 Nicholas County Trustee Deed 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.

In a living trust arrangement, a settlor transfers property to another person (the trustee) for the benefit of a third (the beneficiary). The settlor establishes the trust by executing a document referred to as the trust instrument and by contributing assets to the trust. The trust instrument, generally unrecorded, contains the settlor's estate plans and dictates how the trust will be administered. In many living trust arrangements, the settlor serves as the trustee during his lifetime, and designates a successor to take over trustee duties upon his death or incapacitation.

When real property is transferred into trust, the settlor executes a deed naming the trustee as the grantee. The trustee then holds legal title to the property as the administrator of the trust. In order to convey the interest in the property from the trust, the trustee executes a trustee's deed.

The trustee's deed takes its name from the role of the executing party. In most states, deeds are differentiated and named after the type of warranty the grantor makes. In West Virginia, however, no distinction is made between different types of deeds (W. Va. Code 36-3-4).

The statutory form for deeds in West Virginia is codified at W. Va. Code 36-3-5. This general statutory deed can then be modified to include covenants (found at 36-4) made by the grantor. The trustee's deed typically includes a special warranty covenant, ensuring that the grantor "will forever warrant and defend" the grantee's title "against the claims and demands of the grantor and all persons claiming by, through, or under him" ( 36-4-3). The more limited warranty is fitting for individuals acting in a representative capacity, as their knowledge of the standing of title is naturally limited to the scope of their office.

A deed executed by the trustee must name the trust and the date of trust in addition to the currently acting trustees (when real property is correctly titled into the trust, the vesting statement includes this information). The deed should meet all requisites of conveyances affecting interest in real property, including the name, address, and vesting information of the grantee, a statement of consideration made for the transfer, a properly formatted legal description of the subject property, and the necessary signatures made in the presence of a notary public. Deeds are recorded in the office of the county clerk wherein the property is situated.

Because the transaction pertains to real property, a memorandum of trust under 36-1-4a may need to be recorded. Consult a lawyer regarding trustee's deeds in West Virginia to address your unique situation.

(West Virginia TD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Nicholas 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 Nicholas County Trustee Deed 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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Dennis F.

December 20th, 2024

The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.

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Frazer W.

December 19th, 2024

Deeds.com does a great job getting our legal documents filed with the D.C. Recorder of Deeds.rnrnFrazer Walton, Jr.rnLaw Office of Frazer Walton, Jr.

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Ann D.

December 16th, 2024

I found what my lawyer recommended and was able to download it easily.

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Lillian B.

October 27th, 2022

Easy peasy

Reply from Staff

Thank you!

A. S.

February 27th, 2019

First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff

Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!

Charlotte F.

July 17th, 2019

Found the form I needed easily and will continue to use the site.

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Margo M.

February 11th, 2021

So far help has been good given some of the information you don't have as far as making corrections. This is my first time using your service so maybe I will be better at utilizing it if I have to again.

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Tonya B.

September 9th, 2021

Easy process. Thanks for making this resource available.

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SANTTINA W.

August 13th, 2022

IT WAS SO VERY HELPFUL AND EASY TO DO WILL RETUN TO THE SITE AGAIN.

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Kathryn L.

July 27th, 2020

I went to the recorders office. Had no problem was finished in about 10 minutes .The forms was excellent .
With the instructions it was easy for me to fill out.

Thank you,
Kathryn L

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February 10th, 2019

No review provided.

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November 4th, 2021

Excellent service. Easy to use

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Kathleen T.

March 25th, 2020

Perfect in every way, the guide was a big help in a few areas that I had questions on. Overall the average person should have no issues with the forms.

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March 26th, 2021

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September 19th, 2020

Ordered and filled out the quitclaim forms. Had no issues with preparing or recording, smooth process.

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