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Q: What are the costs to transfer property ownership to a son in West Virginia per a will?
I'm looking to transfer property ownership from my father to myself as stated in his will. There is no mortgage on the property, and both my mother and father agree with this transfer. What would be the costs and steps involved in making the deed for this transfer?
A: It may be quicker and cheaper to determine heirship and get a Deed from the other heirs to you. Otherwise you have to probate the will, which is expensive and a lengthy process. Hire a WV attorney.
A:
If your father is still alive and wants to transfer the property to you now, he can do so by executing a new deed—usually a quitclaim or warranty deed—naming you as the new owner. That process is fairly straightforward and can be completed by preparing the deed, having it signed and notarized, and filing it with the county clerk’s office where the property is located. Filing fees in West Virginia typically range from \$30 to \$50, depending on the county.
However, if your father has passed and the transfer is based on his will, the property must go through probate before the deed can be created in your name. In that case, you'll need to open a probate case in the appropriate county, and once the will is validated and all debts are settled, the executor can transfer the property to you. Probate filing fees in West Virginia vary but often fall between \$100 and \$300, and there may be minor recording fees for the deed afterward.
Regardless of the situation, it's a good idea to include a legal description of the property on the deed and double-check the title for any restrictions. If your mother is still on the deed with your father, her signature may also be required to complete the transfer. You’re taking the right steps to make sure everything is done properly and clearly recorded for the future.
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