Detailed answer — how ownership is transferred and the practical steps

When an owner of real estate dies, the method you use to place title into a child’s name depends on how the property was owned originally and whether the deceased left a valid will or a trust. Below are the common paths and the usual steps you’ll need to take in West Virginia.

1) Identify how title was held

Check the recorded deed that currently shows ownership. Common forms of ownership include:

• Joint tenancy or tenancy by the entirety with right of survivorship — ownership usually passes automatically to the surviving owner and may require only a recorded death certificate or affidavit of survivorship.
• Only the deceased’s name (sole ownership) — title does not pass automatically and usually requires probate administration or another statutory transfer process.
• Owned in a trust — the trustee will distribute property under the trust terms and you will record an instrument from the trustee (often a trustee’s deed).

2) If the property passed automatically (survivorship)

If the deed shows survivorship language (for example, joint tenants or tenancy by the entirety), the surviving owner generally becomes sole owner by operation of law. Common next steps:

1. Obtain a certified copy of the death certificate from the vital records office.
2. Prepare an affidavit or an attestation of survivorship (some counties accept a death certificate alone).
3. Record the death certificate or affidavit with the county clerk/recorder where the property sits so the land records reflect the change. Contact the county clerk for their required form and recording fees.

3) If the property was only in the deceased owner’s name (probate or other transfer required)

If title was only in your wife’s name, you typically need an authority document from the probate court before you can convey the property to your child. Common routes:

• With a will naming an executor: file the will and open probate; the executor obtains letters testamentary; the executor signs a deed transferring title to the estate’s beneficiary (your child) and records it.
• Intestate (no will): an administrator is appointed by the court; the administrator obtains letters of administration and can transfer property according to West Virginia intestacy rules (the court or title company can explain how heirs are determined).
• Small estate or summary procedures: in limited circumstances and for low-value estates, West Virginia may offer simplified procedures. Check with the county clerk or an attorney whether a small estate procedure applies to a real property transfer in your county.

4) Typical probate-to-deed steps

1. Locate the original deed and any will or trust documents.
2. Obtain a certified copy of the death certificate.
3. Open probate in the county where your wife lived. File the will (if any) and the petition to admit the will / to appoint an administrator. The county clerk or probate court will give instructions.
4. Once appointed, the personal representative (executor or administrator) obtains letters (letters testamentary or letters of administration).
5. The personal representative prepares and signs a new deed (often a deed from the personal representative or executor) that conveys the property to the named beneficiary (your child). The deed must contain the property’s full legal description and be properly notarized.
6. Record the new deed in the county clerk/recorder’s office where the property is located. Attach any required supporting documents (for example, letters or an affidavit) and pay recording fees. Some counties require recording of letters or an affidavit showing the representative’s authority.

5) If the estate includes a mortgage or liens

Mortgages and liens remain attached to the property. During probate the mortgage holder may require payoff or refinancing before a deed is accepted by a title company or purchaser. Clear liens before trying to complete a transfer, and consult a title company or attorney to obtain a title report.

6) If a trust controls the property

If the property was held in a revocable trust, the successor trustee typically signs a trustee’s deed transferring title to the named beneficiary. Record the trustee’s deed with a copy of the trust certification or other documentation if the county requires it.

Where to find West Virginia statutes and court resources

West Virginia’s statutes and county clerk resources can help you understand probate processes and recording requirements. Official resources include the West Virginia Code and county clerk information:

• West Virginia Code (official state statutes): https://www.wvlegislature.gov/WVCODE/
• West Virginia Judiciary — county clerk directories and probate information: https://www.courtswv.gov/lower-courts/county-clerk/index.html

Use these pages to locate the specific probate and recording rules that apply in the county where the property sits.

Practical timeline and cost considerations

• Recording a death certificate for a survivorship transfer: typically a few days and only recording fees.
• Probate administration: usually weeks to months depending on estate complexity. Expect court filing fees, possible bond costs, attorney fees (if hired), and recording fees.
• Trust transfers often proceed faster than probate if the trust paperwork is in order.

Because probate processes vary by county and by the facts of the estate, a brief call to the county clerk’s office will tell you what documents they require to record a deed after death.

Helpful Hints

• Start by obtaining a certified death certificate (several certified copies). Many recorders require a certified copy to update title records.
• Order a current title search or contact a title company before preparing the deed. A title search will show current liens, easements, and how title is vested.
• Review the recorded deed carefully for survivorship language. If you see phrases like “with right of survivorship,” the property may pass outside probate.
• If the property was jointly owned with a right of survivorship, contact the county clerk about their required affidavit form and recording fee — this is often the simplest path.
• If the deceased left a will, file it with the probate court in the county of residence as soon as possible to start the administration process.
• If your child is a minor, additional steps (a guardian’s consent or court approval) may be required to place title in a minor’s name. Consult an attorney before recording a deed to or for a minor.
• Keep property taxes current. Property tax records should be updated after title changes; unpaid taxes can complicate transfers.
• Consult a West Virginia probate or real estate attorney if the estate is complex, if there are competing heirs, or if large debts or mortgages exist. An attorney can prepare probate documents and deeds and ensure correct recording.
• Contact the county clerk/recorder in the county where the property is located for exact recording forms, fees, and any transfer tax requirements.