West Virginia Code § 36-12-9

Requirements
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A transfer on death deed:
(1) Except as otherwise provided in subdivision (2) of this section, must contain the essential
elements and formalities of a properly recordable inter vivos deed;
(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's
death; and
(3) Must be recorded before the transferor's death in the office of the clerk of the county
commission in the county where the property is located: Provided, That, notwithstanding
section two, article twenty-two, chapter eleven of this code, a transfer on death deed is
exempt from the payment of excise tax on the privilege of transferring real estate for the
reason that no interest in the property is at the time ofa recording being passed to the
beneficiary and the deed remains revocable until the death of the transferor.

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