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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 36-12-15: Prior transfer on death liberally construed.

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Where this section sits in the code
  1. CHAPTER 36. ESTATES AND PROPERTY.
  2. ARTICLE 12. UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

(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 before the effective date of this article in an office of the clerk of a county commission that attempts to create a right of survivorship tenancy, which survivorship tenancy otherwise fails, but otherwise is an effective deed, and shows a clear intent to designate a beneficiary to receive the property upon death of one or more cotenants by survivorship shall be liberally construed to be an effective transfer on death deed governed by this article.

Collected 2026-09-06T00:29:03Z. Source file · JSON

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