Probate is the legal process of settling a decedent’s estate and distributing property to those entitled to receive it. This involves authenticating a testator’s will upon his or her death and transferring property to the named beneficiaries, or, if the decedent dies without leaving a will, determining the decedent’s legal heirs. Probate ensures that, by complying with state law, clear and marketable title passes to devisees or heirs at law.
Continue reading “Probate and Sale of Real Property in West Virginia”Conveying Real Property to or from a West Virginia Trust
Land owners in West Virginia may transfer their land into and out of trusts. In this situation, a trust is a legal construct where a third party (a trustee), holds title to real estate at the request of the settlor (the person who placed the title into the trust), for the benefit of someone else (the beneficiary). Trusts are governed by the West Virginia Uniform Trust Code, found at Chapter 44D of the West Virginia Code.
Continue reading “Conveying Real Property to or from a West Virginia Trust”West Virginia Transfer on Death Deed Law for Real Estate
Earlier this year, the West Virginia legislature voted to join with 13 other states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at 36-12-1 et seq in the Code of West Virginia, and went into effect on June 5, 2014. This act allows owners of real property in the state to control the distribution of what is often their most significant asset, their real estate, by executing and recording a transfer on death deed (TODD).
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