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 and formalities of a properly 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 in the appropriate county office. It also maintains the existing provision that exempts the deed from excise tax at the time of recording, as no interest in the property is transferred to the beneficiary until the transferor's death, and the deed remains revocable until that time. Overall, the bill aims to enhance the clarity and enforceability of transfer on death deeds in West Virginia.

Statutes affected:
Introduced Version: 36-12-9