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West Virginia Code Chapter 36. Estates and Property § 36-12-11. Revocation by instrument authorized; revocation by act not permitted

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, if the instrument:

(1) Is one of the following:

(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

(B) An instrument of revocation that expressly revokes the deed or part of the deed; or

(C) As to property that was described in a transfer on death deed made by a transferor and previously recorded, an inter vivos deed made by the same transferor that conveys the same real estate, or part thereof, whether or not the inter vivos deed expressly revokes the transfer on death deed, or part of the deed; and

(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the public records in the office of the clerk of the county commission of the county where the deed is recorded.

(b) If a transfer on death deed is made by more than one transferor revocation by a transferor does not affect the deed as to the interest of another transferor; and a deed of joint owners is revoked only if it is revoked by all of the living joint owners.

(c) After a transfer on death deed is recorded it may not be revoked by a revocatory act on the deed.

(d) This section does not limit the effect of an inter vivos transfer of the property.

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Cite this article: FindLaw.com - West Virginia Code Chapter 36. Estates and Property § 36-12-11. Revocation by instrument authorized; revocation by act not permitted - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-36-estates-and-property/wv-code-sect-36-12-11/

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