Home/West Virginia/Statutes/Ch. 36: ESTATES AND PROPERTY/Art. 12: UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT/§ 36-12-8
West Virginia Statutes

§ 36-12-8 — Capacity of transferor

West Virginia § 36-12-8
JurisdictionWest Virginia
Ch. 36ESTATES AND PROPERTY
Art. 12UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT

This text of West Virginia § 36-12-8 (Capacity of transferor) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W. Va. Code § 36-12-8 (2026).

Text

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.

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Legislative History

2014 Reg. Sess., SB3; 2013 Reg. Sess., SB159

Nearby Sections

15
§ 36-1-1
Creation of estates; necessity of deed or will
§ 36-1-10
Operation of conveyance in excess of actual interest
§ 36-1-11
Fee simple may be created without words of limitation
§ 36-1-12
Estates tail
§ 36-1-13
Limitations contingent upon death
§ 36-1-14
Rule in Shelley's Case abolished
§ 36-1-14a
Doctrine of worthier title and rule that grantor cannot create a limitation in his own heirs or next of kin abolished
§ 36-1-15
Contingent remainder; validity; indestructibility
§ 36-1-16
Interest in property coupled with power of disposal
§ 36-1-17
Repealed. Acts, 2011 Reg. Sess., Ch. 66
§ 36-1-18
Repealed. Acts, 2011 Reg. Sess., Ch. 66
§ 36-1-19
Joint tenancy; tenancy by entireties; survivorship
§ 36-1-2
Power of attorney to execute deed of land; necessity of writing
§ 36-1-20
When survivorship preserved
§ 36-1-20a
Elimination of need for straw party in creating joint tenancy with right of survivorship
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Bluebook (online)
West Virginia § 36-12-8, Counsel Stack Legal Research, https://law.counselstack.com/statute/wv/36/36-12-8.