US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 36. Estates and Property » Article 12. Uniform Real Property Transfer on Death Act

§36-12-13. Effect of Transfer on Death Deed at Transferor's Death

(a) Except as otherwise provided in the transfer on death deed in this article, section six, article one, chapter forty-one of this code, section three, article three, chapter forty-one of this code, article three, chapter forty-two of this code, section two, article four, chapter forty-two of this code or article five, chapter forty-two of this […]

§36-12-14. Disclaimer

A beneficiary may disclaim all or part of the beneficiary's interest as provided by article six, chapter forty-two of this code.

§36-12-15. Prior Transfer on Death Liberally Construed

(a) Any transfer on death deed properly recorded in an office of the clerk of a county commission before the effective date of this article containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so. (b) Any survivorship clause in a deed properly recorded […]

§36-12-17. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U. S. C. §7001, et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U. S. C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that […]

§36-12-2. Definitions

In this article: (1) "Beneficiary" means a person who receives property under a transfer on death deed.

§36-12-3. Applicability

This article applies to a transfer on death deed made on or after the effective date of this article, by a transferor dying on or after the effective date of this article.

§36-12-4. Nonexclusivity

This article does not affect any method of transferring property otherwise permitted under the law of this state.

§36-12-9. Requirements

A transfer on death deed: (1) Except as otherwise provided in subdivision (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;