36-12-1 Short Title
36-12-2 Definitions
36-12-3 Applicability
36-12-4 Nonexclusivity
36-12-5 Transfer on death deed authorized
36-12-6 Transfer on death deed revocable
36-12-7 Transfer on death deed nontestamentary
36-12-8 Capacity of transferor
36-12-9 Requirements
36-12-10 Notice, delivery, acceptance and consideration not required
36-12-11 Revocation by instrument authorized; revocation by act not permitted
36-12-12 Effect of transfer on death deed during transferor’s life
36-12-13 Effect of transfer on death deed at transferor’s death
36-12-14 Disclaimer
36-12-15 Prior transfer on death liberally construed
36-12-16 Uniformity of application and construction
36-12-17 Relation to Electronic Signatures in Global and National Commerce Act

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Terms Used In West Virginia Code > Chapter 36 > Article 12 - Uniform Real Property Transfer On Death Act

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Inter vivos: Transfer of property from one living person to another living person.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10