West Virginia Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
§36-12-5. An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.
There are two types of tenancies that possess the right of survivorship: joint tenancy and tenancy by the entirety.
The West Virginia court concluded in that case by saying: "True in this state as in Virginia the right of survivorship at common law is abolished by statute, but this is not so, if the deed, or as here, the will, expressly limits the estate granted to the survivor.
The right of survivorship is a right granted to joint property owners that ensures the transfer of one owner's stake to the remaining property owner(s) in the case of his or her death.
The primary feature of joint tenancy is survivorship. Upon. the death of one joint tenant the other tenants own the whole estate. and the heirs at law or the devisees of the deceased joint tenant. take no interest in the property through him, because no joint tenant.
A TIC has no right of survivorship and when a tenant in common dies, their share of the property passes to their estate, where a beneficiary of the share of property may be named.
§36-12-5. An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.
If a house is owned by two or more people as joint tenants, the other owners have the right of survivorship, which means that they inherit the entire property in their name. Real estate sometimes can be transferred without court with a transfer-on-death deed (also called a beneficiary deed).