Legal Question in Wills and Trusts in West Virginia

Re: Transfering a Deed

In West Virginia, the ownership or title to land vests at the moment of death. You say that there is a will. Recording of that will constitutes record evidence of ownership. A person who has a will of a deceased person in required to present the will for probate in the county of the residence of the decedent. Not to do so is a misdemeanor. If the decedent died in a different county, a certified copy of the will should be recorded in each county in West Virginia the decedent held real estate. If the decedent died a resident of another state, an ancilliary probate proceeding will have to be held in the county in which the decedent held real estate in West Virginia. It is the Appraisement filed in connection with probate which identifies the property for title examiners. You could have a quit claim deed from the executor recorded, but it would not convey any interest, it would only be confirmatory of the title which vested by virtue of the will at the time of the death. The will must be recorded as it is an important link in the chain of title.