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The West Virginia legislature voted to join with numerous 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).
Revocation is an important feature of transfer on death deeds because it allows the owner/transferor to easily respond to a change in circumstances. This option is the reason that TODDs do not require consideration or notice (36-12-10). At 36-12-11, the statute outlines the three methods available for changing or revoking a recorded transfer on death deed, by executing and recording:
- A new TODD
- A revocation form
- An inter vivos deed that expressly revokes all or part of the TODD
To preserve a clear chain of title, it makes sense to file a revocation form when cancelling a previously recorded transfer on death deed because it will add an end point for the potential transfer. As a result, future title searches prior to selling or mortgaging the property should be simpler.
Since each situation is unique, contact an attorney with specific questions or for complex circumstances.
Deeds.com West Virginia Transfer on Death Revocation Forms Have Been Updated as Recently as Friday December 31, 2021
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