New Law:
Transfer on
Death Deed
Emily R. Lambright
A new West Virginia law now enables
real property to pass simply and directly to a
beneficiary, without going through probate.
The new law, called the West Virginia Transfer
on Death Act, is in line with the Uniform Real
Property Transfer on Death Act (URPTODA),
which has been adopted by more than a dozen
16 West Virginia Farm Bureau News
states across the country. The new law’s impact
touches nearly all West Virginia residents
seeking to leave their real property (often their
major asset) – such as a house, farm, or oil
and gas mineral rights – to their children or
other beneficiaries. It is expected to become an
important tool in estate planning, nursing home
planning, Medicaid planning and Elder Law.
The Transfer on Death Act builds upon existing
state statutes, where an individual routinely
passes personal property to a named beneficiary
outside of probate. Common examples include a
beneficiary designation in a life insurance policy
or pension plan, registration of securities in a
transfer on death (TOD) form, and a payable on
death bank account.
The new law also details the operation
and effect of the TOD deed and provides a