West virginia deed 2025

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If you have made a will or previous TOD deed that leaves the property to someone, your new TOD deed will override it. Your rights. You keep complete ownership of, and control over, the real estate while youre alive. You pay the taxes on it, and its not protected from your creditors.
You, as the homeowner, typically hold the house deed to your property, even with a mortgage. The house deed and mortgage are separate legal documents with different purposes. A deed proves ownership and transfers title, while a mortgage is a loan agreement.
Its not enough that you have a will, because a beneficiary designation will override it. So, how can you help ensure your estate assets wind up in the right hands?
Contact the county court clerks office and ask for the most recent deed, which will tell you who owns it and where they live. If you want to find out when a particular house was built, you can easily find it. Contact the local county court clerks office and ask them for a copy of the oldest building permit.
Beneficiary Designation Takes Precedence Over A Will.

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Deeds play a significant role in determining property ownership, often superseding the instructions laid out in a will. In cases where theres a conflict between a will and a deed, the deed usually takes precedence, as it directly impacts the title of the property.
36-12-5. Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferors death by a transfer on death deed. Previous36-12-4.
Self-filing the deed without an attorney is the most economical option for transferring real property title. However, it requires careful attention to detail. The Registers Office wont provide assistance or highlight mistakes in the paperwork.

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