Updated October 11, 2026. Quick answer: The county clerk admits a deed to record when the signer has acknowledged it or it is proved by two witnesses before the clerk. The statewide fee for the county clerk to record a deed of conveyance is thirty dollars, plus one dollar for each additional page of a document of more than five pages.
West Virginia quitclaim deed at a glance
| Item | What the documents say |
|---|---|
| Signing | West Virginia requires that an estate of inheritance or freehold in land, or an estate for a term of more than five years, be created or conveyed by deed or will. |
| Witnesses | No separate witness requirement for the deed itself was found. For recording, the clerk admits a deed on the signer’s acknowledgment or on proof by two witnesses before the clerk (W. Va. Code 39-1-2). |
| Notary or acknowledgment | The county clerk admits a deed to record when the signer has acknowledged it or it is proved by two witnesses before the clerk. |
| Statutory quitclaim form | Not found in the documents read |
| Where to record, and the fee | Clerk of the County Commission. The statewide fee for the county clerk to record a deed of conveyance is thirty dollars, plus one dollar for each additional page of a document of more than five pages. |
| State transfer tax | West Virginia imposes an excise tax of $1.10 for each $500 of value or fraction thereof on recording a deed, paid by the grantor unless the grantee accepts the deed unpaid (value is the full actual consideration, including any liens assumed, or the actual monetary value of the property if there is no consideration); since July 1, 2025 the state-rate tax is retained by the county; a separate county excise tax of 55 cents for each $500 of value also applies, which a county may raise to as much as $1.65 for each $500, and the county clerk collects a $20 fee before recording a transfer for consideration (W. Va. Code 11-22-2). |
| Gift from a parent to a child | A deed is not a taxed document when it is a transfer between husband and wife, or a transfer without consideration between parent and child, grandparent and grandchild, or siblings (including the child’s or grandchild’s spouse, and stepchildren and adopted children). A transfer of real property worth one thousand dollars or less is also not a taxed document. |
| Spouse or homestead | A married person conveying real estate where dower would have attached must notify the spouse before or within thirty days of the conveyance, and spouse signature is one way to prove that. |
| Source | West Virginia Legislature |
Signing, witnesses and the notary in West Virginia
West Virginia requires that an estate of inheritance or freehold in land, or an estate for a term of more than five years, be created or conveyed by deed or will.
The county clerk admits a deed to record when the signer has acknowledged it or it is proved by two witnesses before the clerk.
The text itself:
- Section 36-1-1 Creation of estates; necessity of deed or will: “shall be created or conveyed unless by deed or will”
- Section 39-1-2 Conditions under which county clerk shall admit deeds: “acknowledged by such person or proved by two witnesses”
If you want a ready-made form
Review LawDepot’s quitclaim deed form
LawDepot builds a quit claim deed from guided questions for your state. Compare the form with the signing, notary and recording rules on this page before you sign anything.
A deed moves title and can change a family’s tax and benefit position. If you need advice about your situation, ask a real estate attorney before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s quitclaim deedOpens on LawDepot. Follow the signing, notary and recording rules for your state.
How our partner relationships workRecording: where to file and what it costs
Recording office: Clerk of the County Commission. The statewide fee for the county clerk to record a deed of conveyance is thirty dollars, plus one dollar for each additional page of a document of more than five pages.
The text itself:
- Section 59-1-10 Fees to be charged by clerk of county commission: “Thirty dollars for a deed of conveyance”
Transfer tax and a gift to a family member
West Virginia imposes an excise tax of $1.10 for each $500 of value or fraction thereof on recording a deed, paid by the grantor unless the grantee accepts the deed unpaid (value is the full actual consideration, including any liens assumed, or the actual monetary value of the property if there is no consideration); since July 1, 2025 the state-rate tax is retained by the county; a separate county excise tax of 55 cents for each $500 of value also applies, which a county may raise to as much as $1.65 for each $500, and the county clerk collects a $20 fee before recording a transfer for consideration (W. Va. Code 11-22-2).
Between family members: A deed is not a taxed document when it is a transfer between husband and wife, or a transfer without consideration between parent and child, grandparent and grandchild, or siblings (including the child’s or grandchild’s spouse, and stepchildren and adopted children). A transfer of real property worth one thousand dollars or less is also not a taxed document.
The text itself:
- Section 11-22-2 Rate of tax: “at the rate of $1.10 for each $500 value or fraction thereof”
- Section 11-22-2 Rate of tax: “the tax shall be paid by the grantor therein”
- Section 11-22-1 Definitions: “transfers between parent and child and his or her spouse, without consideration”
Spouse and homestead
A married person conveying real estate where dower would have attached must notify the spouse before or within thirty days of the conveyance, and spouse signature is one way to prove that.
The text itself:
- Section 43-1-2 Notice of conveyance: “shall notify his or her spouse prior to or within thirty days”
Other filings the documents mention
A quitclaim deed without consideration, or a deed of property worth $100 or less, on which no excise tax is paid must be signed by the grantee and acknowledged by the grantee or proved by two witnesses before the clerk, and a deed recorded in violation is void with no interest passing to the grantee. The grantee signature is not required for a transfer on death deed or for a transfer between husband and wife, parent and child (or the child and the child’s spouse), or grandparent and grandchild (or the grandchild and the grandchild’s spouse) that is without consideration or for consideration of less than $2,000 (W. Va. Code 39-1-2).
The text itself:
- Section 39-1-2 Conditions under which county clerk shall admit deeds: “that have not been signed by the grantee thereon”
A worked example: a parent deeds the home to an adult child
An illustration, not a return: a parent bought a home for $100,000, and it is worth $300,000 when the parent deeds it to an adult child by quitclaim deed, with no payment. The child later sells it for $350,000. For a gift, federal law says the child’s basis is “the same as it would be in the hands of the donor”, so the basis stays $100,000 and the gain is $250,000 ($350,000 minus $100,000). Had the child received the same home at the parent’s death, when it was worth $300,000, the statute sets the basis at “fair market value of the property at the date of the decedent’s”, so the gain would be $50,000 ($350,000 minus $300,000).
See CMG’s quitclaim vs warranty deed for a family transfer page for the choice of deed.
What the documents do not say
- Whether West Virginia requires witnesses on a deed: the documents read state no witness requirement for the deed itself, only that the clerk admits it to record on the signer’s acknowledgment or on proof by two witnesses before the clerk, and that is not a statement that none are needed.
- Whether West Virginia has a statutory quitclaim form: not found in the documents read.
- County or city transfer taxes and local recording surcharges in West Virginia were not read unless named above.
Common mistakes
- Assuming the West Virginia transfer-tax exemption for family gifts also removes the federal basis consequence shown in the example.
- Assuming the West Virginia rules above govern land in another state, or that signing the deed ends the paperwork before it is recorded with the clerk.
Related: quitclaim vs warranty deed for a family transfer, West Virginia transfer on death deed, West Virginia probate cost, and whether West Virginia has an estate tax.
Sources
- Section 36-1-1 Creation of estates; necessity of deed or will: https://code.wvlegislature.gov/36-1-1/
- Section 39-1-2 Conditions under which county clerk shall admit deeds: https://code.wvlegislature.gov/39-1-2/
- Section 59-1-10 Fees to be charged by clerk of county commission: https://code.wvlegislature.gov/59-1-10/
- Section 11-22-2 Rate of tax: https://code.wvlegislature.gov/11-22-2/
- Section 11-22-1 Definitions: https://code.wvlegislature.gov/11-22-1/
- Section 43-1-2 Notice of conveyance: https://code.wvlegislature.gov/43-1-2/
- 26 U.S.C. 1015, Basis of property acquired by gifts and transfers in trust (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1015.htm
- 26 U.S.C. 1014, Basis of property acquired from a decedent (U.S. Code, GovInfo): https://www.govinfo.gov/content/pkg/USCODE-2023-title26/html/USCODE-2023-title26-subtitleA-chap1-subchapO-partII-sec1014.htm
Sources: the primary documents linked above, read on October 11, 2026. General information, not tax advice. Your own facts decide the outcome, and a tax professional or the state agency itself is the right place to confirm anything consequential.