West Virginia § 42-6-7 Disclaimer of right of survivorship in jointly held property with right of survivorship

West Virginia Statutes

§ 42-6-7 — Disclaimer of right of survivorship in jointly held property with right of survivorship

West Virginia § 42-6-7

Ch. 42DESCENT AND DISTRIBUTION

Art. 6UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

This text of West Virginia § 42-6-7 (Disclaimer of right of survivorship in jointly held property with right of survivorship) 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 § 42-6-7 (2026).

Text

(a)Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or part, the greater of:

(1)A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(2)All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(b)A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(c)An interest in jointly held property with right of survivorship disclaimed by a surviving holder of the property passes as if the disclaimant

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(a) Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or part, the greater of:

(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or

(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.

(b) A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(c) An interest in jointly held property with right of survivorship disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.