🏞️ How to Set Up a Trust in West Virginia (2025 Guide)

West Virginians are increasingly creating revocable living trusts to skip probate, protect their family homes, and pass down property smoothly β€” all without hiring a costly estate attorney. If you're looking for a simple way to create a trust in West Virginia, this step-by-step guide is for you.

10/27/20252 min read

🏞️ How to Set Up a Trust in West Virginia (2025 Guide)

West Virginians are increasingly creating revocable living trusts to skip probate, protect their family homes, and pass down property smoothly β€” all without hiring a costly estate attorney.

If you're looking for a simple way to create a trust in West Virginia, this step-by-step guide is for you.

πŸ” What Is a Trust?

A trust is a legal agreement where you (the grantor) transfer assets into a structure that is managed by a trustee, for the benefit of your beneficiaries.

In West Virginia, the most common type is the Revocable Living Trust, which:

βœ… Avoids probate
βœ… Keeps your estate private
βœ… Allows full control while you're alive
βœ… Immediately passes assets to heirs when you die
βœ… Prepares your family in case of illness or incapacity

πŸ“ How to Set Up a Trust in West Virginia

1. Choose Your Trust Type

Start with a Revocable Living Trust, which is:

  • Legal in West Virginia

  • Flexible and amendable while you're alive

  • Recognized by WV courts for avoiding probate

Optional add-ons:

☐ Special Needs Trust
☐ Minor’s Trust
☐ Spendthrift Provision
☐ Pet Trust
☐ Dynasty/Legacy Trust

βœ… TrustGenie includes all of these options in one affordable package.

2. Assign the Key Roles

☐ Grantor – You (creator of the trust)
☐ Trustee – The person managing the trust (often you)
☐ Successor Trustee – Takes over if you die or become incapacitated
☐ Beneficiaries – Who gets your property after you’re gone

3. List and Organize Your Assets

Include:

  • West Virginia real estate

  • Bank & credit union accounts

  • Investment and retirement accounts

  • Vehicles & personal property

  • Businesses or LLCs

  • Digital assets (crypto, domain names, online revenue streams)

βœ… TrustGenie provides a Schedule A and General Assignment Form for this step.

4. Sign and Notarize the Trust

  • West Virginia does not require witnesses

  • A notarized signature is strongly recommended for legal validity

  • Print and sign the document with a notary present

βœ… TrustGenie provides the correct WV execution format and walkthrough.

5. Fund the Trust (This Step Is Critical)

If your trust isn't funded, it won’t work.

Fund it by:

☐ Filing a WV Quitclaim or Warranty Deed to move real estate
☐ Retitling financial accounts to the trust’s name
☐ Using a General Assignment for personal property
☐ Updating life insurance, annuity, or pension beneficiaries as needed

βœ… TrustGenie includes WV-specific deed templates and funding guides.

⚠️ Common Mistakes to Avoid in WV

❌ Forgetting to fund the trust
❌ Not including out-of-state property
❌ Naming minors without setting up a subtrust
❌ Not updating asset titles or bank accounts
❌ Failing to notify your successor trustee

πŸ’° How Much Does a Trust Cost in West Virginia?

Method Cost Range Estate Attorney$2,500 – $6,000 Online Templates$100 – $400 TrustGenie$150/year (all-in)

βœ… TrustGenie includes West Virginia-specific documents, funding forms, support, and updates.

🧠 Do You Need a Lawyer to Create a Trust in WV?

No. You are legally allowed to create your own trust in WV as long as it:

  • Is written

  • Names a trustee and beneficiaries

  • Is signed and notarized

  • Is funded with property

βœ… TrustGenie ensures your trust is legally valid in all 55 counties of West Virginia.

πŸ“Ž Free Download: WV Trust Checklist

Want the printable version of this guide?

πŸ“₯ [Download the WV Trust Checklist]

βœ… Ready to Set Up Your West Virginia Trust?

Thousands of WV families are choosing TrustGenie to protect their homes, avoid court, and preserve their legacy β€” all without a lawyer.

πŸ‘‰ [Create Your WV Trust Now – $150/year]

πŸ”— Related Articles:

  • [Avoiding Probate in West Virginia]

  • [How to Transfer WV Property Into a Trust]

  • [What Happens If You Die Without a Trust in WV?]

✍️ Written by:
TrustGenie Legal Team
Helping West Virginians achieve affordable, legal estate planning.