West Virginia SB193 amends the Uniform Real Property Transfer on Death Act to specify capacity requirements for a transfer on death deed.
West Virginia SB193 amends the Uniform Real Property Transfer on Death Act to detail the capacity requirements for a transfer on death deed. The bill specifies that the deed must contain essential elements and formalities of a properly recordable inter vivos deed. It must state that the transfer to the designated beneficiary is to occur at the transferor's death and be executed by the transferor with the requisite capacity. The capacity required is the same as that needed to make a will, as outlined in Section 36-12-8.
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