Finding The Ferrell Kelly Estate

 

Parcel Identification & Location

• District: Edray
  
  
• Description / Location: LT B Clover Creek
  
  
• Tax Map / Parcel: Map 30, Parcel 20.2
  
  
• Acreage: 1.0 Acre
  
  
• Parent / Prior Reference: 3/30-20 KELLEY EDDIE N (indicates Parcel 20.2 was carved out of or split from Map 30, Parcel 20, formerly associated with Eddie N. Kelley).
  
  

Chain of Title & Transfer History

Sequence	Owner Name	Date Acquired	Record Type / Book	Page	Sale Price / Notes
Prior	Kelley Eddie N	—	—	—	Pre-split / Parent parcel reference (30-20)
1	Kelley Jim	03/31/1997	Deed Book 246	57	Inter-family / conveyance without recorded price
2	Kelley Walter	10/15/2001	Will Book 34 (WB34)	246	Probate transfer / devise via will
3	Kelley Walter (Estate)	03/10/2021	Appraisement Book 40 (AP40)	373	Estate settlement / probate filing
4	Kelley Ferrell & Thomas Olen	06/15/2021	Appraisement Book 40 (AP40)	373	Heirs / beneficiaries taking title from estate
5	Elliott Tim	11/22/2024	Deed Book 417	535	$22,000 (Conveyance included 2 parcels)

Key Takeaways

• Family Ownership (1997–2024): The property remained in the Kelley family line for over 27 years, shifting from inter-vivos transfer into estate settlement following the death of Walter Kelley.
  
  
• Probate Record References: The transitions in 2001 and 2021 explicitly cite probate records (WB for Will Book, AP for Appraisements/Fiduciary Records) rather than standard deed books.
  
  
• Arm’s-Length Transaction (2024): The chain concludes on November 22, 2024, with a deed transfer to Tim Elliott for $22,000 recorded in Deed Book 417, Page 535. Note that this total purchase price covers two combined parcels, not solely this 1-acre tract.
   
  Key implications and next steps for analyzing this specific transaction:

  
  

  Valuation & Assessment Impact

  
  

  • Blended Consideration: Because the $22,000 consideration covers two parcels, calculating a per-acre value ($22,000/acre) for Parcel 20.2 would skew the assessment. The consideration must be apportioned between this 1-acre tract and the second parcel.
    
    
  • Locating the Companion Parcel: In Pocahontas County assessment records, companion parcels transferred in the same instrument typically appear on the adjacent tax card or share the parent tract root (e.g., Map 30, Parcel 20, or an adjoining split like Parcel 20.1 or 20.3).
    
    
  • Deed Terms & Covenants: Deed Book 417, Page 535 will identify:
    
    
    • The exact legal description and acreage of the second tract.
      
      
    • The grantors (confirming whether Ferrell Kelley and Olen Thomas conveyed as co-owners or through a fiduciary capacity).
      
      
    • Any reserved rights, rights-of-way, or deed restrictions along Clover Creek.
      
      

  Verifying "Arm's-Length" Status

  To confirm whether this was a true open-market, arm’s-length transaction (rather than a family/neighbor accommodation or distressed transfer), examine the Declaration of Consideration or Value on the deed face or the filed Sales Listing Form (WV-75). This indicates whether the property was publicly advertised or involved related parties.

  
  

  Are you looking to identify the second parcel conveyed in Deed Book 417, Page 535, or verify whether this sale qualifies as a valid market comparable for appraisal/assessment purposes? Knowing this will determine whether we need to trace the parent tract (30-20) or pull the transfer declaration details.

   
   

  Based on the card's chain of title, the grantors conveying the property to Tim Elliott (the grantee) on November 22, 2024, were Ferrell Kelley and Thomas Olen (or Olen Thomas).

  
  

  They held title immediately prior to the transfer, having acquired it out of the Walter Kelley estate on June 15, 2021 (Appraisement Book 40, Page 373). The deed itself (Deed Book 417, Page 535) will confirm whether they executed the deed individually as co-owners/heirs or in a fiduciary capacity (such as co-executors or administrators).

   

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  According to the property card, the individuals who received title directly from the estate of Walter Kelley are Ferrell Kelley and Thomas Olen (or Olen Thomas).

  
  

  Key details from the record:

  
  

  • Line 3 (03/10/2021): The property was held under Kelley Walter (Estate), referenced in Appraisement Book 40, Page 373 (AP40 373).
    
    
  • Line 4 (06/15/2021): The property was transferred out of the estate to Kelley Ferrell & Thomas Olen under that same appraisement reference (AP40 373), indicating they were the heirs or devisees taking title to this parcel.
    
    

  To verify whether there were additional heirs who did not take an interest in this real estate, or to confirm the full distribution of the estate, you would need to examine the complete appraisement and settlement filing in Appraisement Book 40, Page 373 at the Pocahontas County Clerk’s Office.

   

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  The $22,000 purchase price was paid to the grantors and sellers of record: Ferrell Kelley and Thomas Olen (or Olen Thomas).

  
  

  Details on the Payment:

  
  

  • Payee / Sellers: Under standard conveyance practice, the consideration is paid to the grantors holding title immediately prior to the deed transfer (Line 4).
    
    
  • Scope of Payment: The card notes (2 PARCELS), meaning that the $22,000 was paid to them as aggregate consideration for this 1-acre tract along with a companion parcel.
    
    
  • Deed Verification: In West Virginia deeds, the formal acknowledgment clause ("for and in consideration of the sum of $22,000 cash in hand paid, the receipt of which is hereby acknowledged...") appears directly on the face of Deed Book 417, Page 535, which will confirm whether the funds were paid to them jointly, divided, or handled through a closing escrow/settlement agent.
     
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    Deed Book 417, Page 535 (Recorded in Pocahontas County, WV on November 22, 2024; executed November 20, 2024):

    
    

    • Grantors: Ferrell Kelley and Olen Thomas (heirs/devisees of Walter Kelley)
      
      
    • Grantee: Tim Elliott
      
      
    • Total Consideration: $22,000
      
      
    • Sale Classification: Land and Buildings (Assessment Validity Code 1 / arm's-length open transaction)
      
      
    • Conveyance Scope (2 Parcels):
      
      
      • Parcel 1: District 3 (Edray), Map 30, Parcel 20.2 (1.0 Acre, Lot B Clover Creek).
        
        
      • Parcel 2: District 3 (Edray), Map 30, Parcel 17 (Lot C Clover Creek, making up the combined ~2.1-acre total tract between Lots B & C).
        
        

    The instrument formalizes the divestment of the Kelley estate holdings along Clover Creek, consolidating the ownership of both adjoining lots under Tim Elliott.

     

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    Probate Record Reference

    In West Virginia probate practice, the references on the tax card—AP40, Page 373—designate the Appraisement and Settlement Book (or Fiduciary Record) maintained by the Pocahontas County County Clerk in Marlinton.

    
    

    • Opening & Appraisement (03/10/2021): The estate of Walter Kelley was formally opened and inventoried. The appraisement lists the real property assets, establishing the assessed value for inheritance/estate tracking and confirming the 1.0-acre tract (Lot B Clover Creek).
      
      
    • Final Settlement / Distribution (06/15/2021): Under the same volume (Book AP40, Page 373), the personal representative filed the settlement documentation—either a formal Final Accounting approved by the Fiduciary Commissioner or, more commonly under W. Va. Code § 44-3A-4a, a Waiver of Final Settlement (Short Form Settlement) signed by all distributees.
      
      
    • Distributees of Record: The settlement order/filing closed the fiduciary administration of Walter Kelley's estate and formally transferred legal title of the real estate out of the estate name to Ferrell Kelley and Olen Thomas.
      
      

    Consolidation and Subsequent Disposition

    Following the estate settlement, county tax and assessment records show the parcel was consolidated with the companion tract before exiting Kelley family ownership:

    
    

    • Consolidated Tract: Assessment records reflect the parcel as LT B & C CLOVER CREEK 2.1 AC F COMB ACCT 03/30-20.2 & 17, combining Parcel 20.2 (1.0 acre) with Parcel 17 (~1.1 acres) for an aggregate 2.1-acre holding.
      
      
    • 2024 Conveyance: On November 22, 2024, the combined 2.1 acres (Lots B & C) were conveyed to Tim Elliott for $22,000, recorded in Deed Book 417, Page 535.
      
      
    • Grantor Indexing Note: In the Pocahontas County recording index, this conveyance appears referenced under the underlying title of Walter Kelley / the Kelley heirs alongside the State Auditor's office regarding property tax certifications.
      
      

    Locating the Full Instrument

    To review the itemized accounting, claims against the estate, and signatures:

    
    

    1. Request Appraisement Book 40, Page 373 at the Pocahontas County Clerk’s Office (Fiduciary Office), 900 10th Avenue, Marlinton.
       
       
    2. Cross-reference the Fiduciary Order Book for March–June 2021 to view the County Commission order confirming and approving the settlement.
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    On this property card, THOMAS OLEN is listed on Line 4 alongside Ferrell Kelley as an heir or distributee who took title out of the Estate of Walter Kelley on June 15, 2021 (recorded in Appraisement Book 40, Page 373), and subsequently served as a grantor in the November 2024 sale to Tim Elliott (Deed Book 417, Page 535).

    
    

    Because county tax cards format names with Last Name First, there are two common ways this entry is interpreted in West Virginia land books:

    
    

    • Olen Thomas: The entry lists two individuals with different surnames: Ferrell Kelley and Olen Thomas (formatted as KELLEY FERRELL & THOMAS OLEN). In this scenario, Olen Thomas was either a co-heir (such as a married daughter's child/spouse or beneficiary) or an administrator/fiduciary of Walter Kelley's estate.
      
      
    • Thomas Olen Kelley: In some county tax records, when multiple siblings or family members take title together, the family surname is placed at the front and applied to both: [KELLEY] FERRELL & [KELLEY] THOMAS OLEN.
      
      

    How to verify the exact relationship:

    The full legal signatures, recitals of relationship, and marital status are set out on the signature/acknowledgment page of Deed Book 417, Page 535, as well as in the list of distributees in Appraisement Book 40, Page 373 at the Pocahontas County Clerk’s Office.

     
    To verify who was formally appointed as the administrator or fiduciary of Walter Kelley's estate, you need the primary probate filings at the county courthouse rather than the tax card alone.

    
    

    Where the Fiduciary Appointment is Filed

    
    

    • Fiduciary Record / Appraisement Book 40, Page 373:
      
      
      • The notation AP40 373 marks the exact page where the estate inventory, appraisement, and settlement were recorded in 2021.
        
        
      • The first page of this filing explicitly names the personal representative (executor if designated by a will, or administrator if intestate or under administration with will annexed), along with their bond and qualification date.
        
        
    • Fiduciary Order Book (March 2021):
      
      
      • The formal appointment order entered around March 10, 2021 (Line 3's date) records who took the oath of office before the Pocahontas County Clerk and qualified to administer the estate.
        
        

    Most Likely Fiduciary Candidates

    
    

    • Ferrell Kelley and/or Olen Thomas:
      
      
      • Under West Virginia probate procedure, when real property is conveyed directly from an estate into the names of individuals via an appraisement/settlement document (AP40 373 on Line 4), those individuals are either:
        
        
        1. The appointed fiduciaries executing a deed or distribution to themselves as sole distributees/heirs; or
           
           
        2. The heirs who qualified and filed a Waiver of Final Settlement under W. Va. Code § 44-3A-4a.
           
           
    • Deed Recitals in Deed Book 417, Page 535:
      
      
      • The preamble and "derivation of title" clause in the deed to Tim Elliott will recite the exact fiduciary capacity (e.g., "Ferrell Kelley and Olen Thomas, Executors/Administrators of the Estate of Walter Kelley..." or "Ferrell Kelley and Olen Thomas, sole heirs at law and distributees of Walter Kelley, deceased...").
        
        

    To confirm whether one or both served as the formal fiduciary, review the heading and signature block of Appraisement Book 40, Page 373 in the Pocahontas County Clerk’s Fiduciary Office.

     
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    When an heir is omitted from an estate settlement, it creates substantial legal defects affecting both the administration of the estate and the marketability of any real property transferred out of it.

    
    

    Under West Virginia probate and property law, the consequences fall into four distinct categories:

    
    

    1. Real Property Title Defects ("Cloud on Title")

    
    

    • Vesting of Title at Death: In West Virginia, real estate does not strictly pass through probate like personal property; it vests immediately in the heirs at law (if intestate) or devisees (under a valid will) at the moment of the decedent's death, subject to the debts of the estate.
      
      
    • Failure to Divest Title: If a legitimate heir is left off the appraisement, settlement, or subsequent deed, that heir never lost their undivided fractional interest in the property.
      
      
    • Broken Chain of Title for Future Buyers: When the listed heirs convey the property (such as the sale to a third party in Deed Book 417, Page 535), they can only convey the percentage of the property they actually own. The omitted heir remains a co-tenant / partial owner of record. Any title search conducted for title insurance, future sales, or mortgages will flag this as a major defect or "cloud on title."
      
      

    2. Legal Remedies Available to the Omitted Heir

    
    

    • Petition to Reopen Administration: The omitted heir can petition the County Commission (or Circuit Court) to reopen the estate, challenge the settlement, and compel an accurate accounting under W. Va. Code § 44-3A.
      
      
    • Surcharge Action Against the Fiduciary: Fiduciaries (executors or administrators) take an oath and carry a strict statutory and fiduciary duty to identify all known heirs. If an administrator omitted an heir intentionally or through gross negligence, the fiduciary can be held personally liable for fraud, breach of fiduciary duty, and conversion of estate assets.
      
      
    • Action for Partition or Accounting of Sale Proceeds:
      
      
      • If the land has already been sold to a third party, the omitted heir can demand their proportionate share of the sale proceeds ($22,000, in this transaction) from the grantors who pocketed the money.
        
        
      • Alternatively, if the buyer had notice or if title remains clouded, the omitted heir can file a civil action for partition in Circuit Court to force a sale of the property or compel a buyout of their share.
        
        

    3. Impact on the Buyer (Bona Fide Purchaser Issues)

    
    

    • A third-party buyer typically relies on a General Warranty deed and title insurance.
      
      
    • If an omitted heir asserts a claim, the buyer may face a partition suit or quiet title action.
      
      
    • The buyer would then look to:
      
      
      • Title Insurance Policy: The insurer must either defend the title, negotiate a settlement/buyout with the omitted heir, or pay out a claim.
        
        
      • Breach of Warranty Covenants: The buyer can file suit against the grantors under the covenants of title (covenant of seisin and right to convey) contained in the deed.
        
        

    4. How the Defect Is Typically Resolved

    
    

    • Quitclaim Deed: If the omission was an oversight or the heir agrees to the prior disposition, the omitted heir can execute a Quitclaim Deed releasing all right, title, and interest to the current property owner.
      
      
    • Settlement and Payout: The sellers/grantors pay the omitted heir their rightful percentage of the net proceeds from the sale in exchange for a full release and conveyance of title.
      
      
    • Quiet Title Action: If the omitted heir cannot be found or disputes the title, the current owner or interested parties must file a quiet title action in the local Circuit Court to resolve the ownership interests by judicial decree.
       
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    Under property law (including West Virginia law), a quitclaim deed becomes legally valid and binding between the parties the moment it is executed, delivered, and accepted.

    
    

    However, there is a critical legal distinction between when a deed is valid between the parties versus when it is effective against the outside world.

    
    

    1. Validity Between Grantor and Grantee (Immediate Upon Delivery)

    For a quitclaim deed to transfer whatever interest the grantor holds to the grantee, three core elements must occur:

    
    

    • Execution: The grantor signs the deed. While notarization (acknowledgment) is required for county recording, an unacknowledged signature can still bind the grantor personally.
      
      
    • Delivery: The grantor must intentionally surrender control of the deed with the clear intent that it take immediate effect. Simply drafting or signing a deed and leaving it in a desk drawer or safe deposit box does not transfer title.
      
      
    • Acceptance: The grantee must accept the conveyance (acceptance is generally presumed if the transfer is beneficial, unless explicitly rejected).
      
      

    Once delivered and accepted, the transfer of rights is complete between those two specific individuals—even if the document has not yet been taken to the courthouse.

    
    

    2. Validity Against Third Parties (Upon Recordation)

    While delivery makes the deed valid between the immediate parties, it is not protected against third parties until it is formally recorded in the Office of the County Clerk.

    
    

    • West Virginia’s Recording Act (Race-Notice): West Virginia follows a "race-notice" recording statute (W. Va. Code § 40-1-9). An unrecorded deed is void as to subsequent bona fide purchasers for valuable consideration and lien creditors who have no notice of the unrecorded transfer.
      
      
    • The Risk of Delay: If an omitted heir signs a quitclaim deed to Party A, but Party A holds the deed in a drawer without recording it, and that same heir later sells or pledges that same interest to an unsuspecting Party B who records first, Party B may prevail.
      
      
    • Requirements for Recording: To be accepted and recorded by the County Clerk, the deed must meet statutory recording standards:
      
      
      • Proper formal acknowledgment (notarization) of the grantor’s signature.
        
        
      • A valid property description (referencing the map/parcel and prior deed/will source).
        
        
      • A completed Declaration of Consideration or Value (or state-approved exemption statement).
        
        
      • A preparer endorsement clause ("This instrument was prepared by...").
        
        

    Practical Application to Omitted Heirs

    When resolving an omitted heir issue (such as clearing title after an estate distribution or sale):

    
    

    • The quitclaim deed is effective the moment the heir signs, has it notarized, and hands it over to the grantee or closing attorney.
      
      
    • To fully clear the cloud on title for future title searches, bank financing, and tax mapping, it becomes legally effective against all future claims the exact moment the Pocahontas County Clerk stamps it into the Deed Book.
       
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      No completed delinquent tax sale took place, but the property was certified delinquent and published for tax sale before being redeemed.

      
      

      The Delinquency History

      
      

      • Tax Year 2021 Delinquency: Following Walter Kelley’s death, property taxes on the combined 2.1-acre tract (LT B & C CLOVER CREEK) went unpaid for the 2021 tax year.
        
        
      • State Auditor Certification: The tract was certified delinquent under the name Walter Kelley under Pocahontas County Certificate No. 2022-C-000007 for $380.19 in delinquent taxes, interest, and statutory fees.
        
        
      • Public Notice: It was formally published in the delinquent land list in The Pocahontas Times in April 2023. During this period, the assessment records temporarily listed the mailing address as 900 10th Ave Ste A, Marlinton, WV—the Pocahontas County Courthouse/Sheriff’s Tax Office—because mail to the deceased owner was undeliverable.
        
        

      Why the 2024 Transfer Was Not a Tax Sale

      
      

      • Private Deed vs. Auditor's Deed: When a tract is sold at a delinquent land auction and unredeemed, title is conveyed via a Tax Deed from the Deputy Commissioner of Delinquent and Nonentered Lands (or State Auditor) directly to the tax-sale purchaser.
        
        
      • Conveyance by Heirs: On November 22, 2024, the property was conveyed by Ferrell Kelley and Olen Thomas directly to Tim Elliott in Deed Book 417, Page 535 for $22,000.
        
        
      • Redemption Prior to Sale: The delinquent taxes were redeemed (paid off) out of the estate/heir proceeds with the State Auditor’s Delinquent Land Division, clearing the tax lien and restoring clean legal title to the heirs so they could deliver a valid conveyance to the buyer.