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Church Trustees

In West Virginia, church trustees are individuals or entities appointed to hold and manage property—both real estate and personal property—on behalf of a church, religious sect, society, denomination, or individual congregation. Their primary role is to serve as legal stewards of the church’s assets, ensuring they are used for the religious and benevolent purposes of the organization. This system reflects the state’s recognition of churches as entities that often operate outside of standard corporate structures, requiring a mechanism to handle property ownership and administration.


The authority and duties of church trustees are outlined in the West Virginia State Code, specifically in Chapter 35, Article 1, which addresses religious organizations. Here’s a breakdown based on the relevant provisions:


Appointment of Trustees:

Trustees can be appointed by an ecclesiastical body (like a conference, synod, or presbytery) or by the congregation itself, depending on the church’s internal governance rules. This process is flexible, allowing the church to determine the method of appointment as it sees fit. If no trustees exist or if replacements are needed, the code allows for their appointment or removal by such bodies whenever necessary. This is covered under Section 35-1-5, which states that these appointments can occur "from time to time, and whenever occasion may arise," ensuring continuity in property management.

Recording Requirements:

Once appointed, the appointment of trustees must be documented and recorded with the county clerk in the county where the church property is located. For trustees appointed before the code’s enactment, a certified copy of the appointment order must be filed, while new appointments require a verified certificate from the appointing body’s officer. This is detailed in Section 35-1-6, which also mandates that counties maintain a record book labeled "Church Trustees" for these filings, with a modest recording fee of $1.

Powers and Duties:

Trustees have the authority to receive donations, gifts, and bequests of personal property and to take, hold, or purchase real property in trust for the church, subject to certain limitations (e.g., property value caps in Section 35-1-8). They can also sue or be sued in their own names regarding the property they hold, as outlined in Section 35-1-7. Importantly, they are not personally liable for torts arising from property ownership unless gross negligence is involved, and legal actions do not lapse if a trustee dies or is replaced—the case simply continues with the successor trustee.

Purpose of Property Management:

The property held by trustees is to be managed for the "religious and benevolent uses" of the church or congregation. If a trust’s purpose is unclear or unenforceable, the trustees, with approval from the church’s governing authorities (like a bishop or board of elders), decide how to apply the principal or income, as specified in Section 35-1-4. This ensures the property serves the church’s mission, even when original intentions are vague.

Historical Context and Validation:

The code also validates trustees appointed by circuit courts prior to its enactment, requiring only that their appointments be recorded. This retroactive approval, found in Section 35-1-6, ensures continuity for longstanding church properties.

In essence, church trustees in West Virginia act as fiduciaries, bridging the gap between a church’s spiritual mission and the legal necessities of property ownership. The state code provides a framework that respects the autonomy of religious organizations while ensuring accountability and clarity in property matters. Unlike some states where churches must incorporate to hold property, West Virginia allows unincorporated churches to rely on trustees, reflecting a practical approach rooted in the state’s legal and cultural history.