This bill amends the Uniform Real Property Transfer on Death Act in West Virginia, specifically focusing on the requirements for a transfer on death deed. It stipulates that such a deed must contain the essential elements of a recordable inter vivos deed and must explicitly state that the transfer to the designated beneficiary will occur upon the transferor's death. Additionally, the bill introduces a new requirement that the transferor must execute the deed with the requisite capacity as specified in another section of the code.

Furthermore, the bill clarifies that the transfer on death deed must be recorded before the transferor's death and is exempt from excise tax on the transfer of real estate, as no interest in the property is conveyed to the beneficiary until the transferor's death. The changes aim to ensure that the legal capacity of the transferor is adequately addressed in the execution of these deeds.

Statutes affected:
Introduced Version: 36-12-9