West Virginia Code § 31A-4-33a

Establishment of payable on death accounts; rights of account owners;
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change of beneficiary to be in writing; rights of beneficiaries; limitation on liability
of institutions making payments from such accounts.
(a) Any person may enter into a written contract with any banking institution located in this
state to establish a payable on death bank account, which may be abbreviated as a "p.o.d."
account. A payable on death account contract shall provide that upon the deeath of the
account owner the balance of any such account shall be paid to the beneficiary or
beneficiaries specifically designated by the owner of the account who arre surviving at the
time of the owner's death. Two or more persons may own such an account as joint tenants
with right of survivorship, in which case the interest of any designated beneficiary shall vest
only upon the death of the last surviving joint owner. Upon the death of the owner, or last
surviving owner, the balance of the account shall be paid ontly to the designated surviving
beneficiaries. The terms of the payable on death contract take precedence over contrary
provisions of any other testamentary document.
(b) The owner of a payable on death account shall maintain all right, title and interest in the
banking account, including principal and intersest, during his or her lifetime; may freely
withdraw and use the moneys on deposit in the payable on death account, in whole or in
part; and may terminate or close the account at will.
(c) The account owner may change the designated beneficiary at any time. Such change
must be in writing and executeed in the form and manner prescribed by the bank. Any such
change of beneficiary must be delivered to the bank prior to the death of the payable on
death account owner in Lorder to be valid.
(d) Designated beneficiaries have no rights or claims to a payable on death account until the
death of the last surviving owner of such account. Unless otherwise provided in the written
contract, where two or more beneficiaries are designated, upon the death of the account
owner, each surviving beneficiary shall be paid a per capita share of the account balance. If
no dWesignated beneficiary survives the last account owner, any account balance shall
become a part of the last surviving account owner's estate.
(e) If a designated beneficiary is a minor at the time he or she becomes vested with any part
of a payable on death account, that portion of the account shall be paid to the minor
beneficiary in accordance with the provisions of section thirty-four, article four, chapter
thirty-one-a of this code.
(f) Upon the death of the last surviving account owner, delivery of moneys in a payable on
death account to the designated beneficiary or beneficiaries pursuant to the terms of the
written contract shall fully and completely discharge the banking institution of all obligations
under said contract.

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