Legal Question in Wills and Trusts in West Virginia

Re: no will

A lawyer will have to review the deed. Generally, property held in Joint Title with Right of Survivorship each hold an undivided interest subject to survivorship, such that upon the death of one of the co-owners, the survivors are vested with the interest. No action is required of the survivors to vest title. The matter of record title, that is what the ownership shows in the record room is slightly different. The recording of the death certificate will place a title examiner and all other persons on notice of the fact of death and the prior deed places the the title examiner and others of the state of the title following the death of the co-owner. Of course the recording of the death certificate is automatic only in the county of death, and may have to be recorded in the county where real estate is located. Some states may require probate, vesting of title does not require probate in West Virginia where property is held in survivorship. The property could be held in joint title only, without the survivorship. In such case probate is required to not only clear the title of possible claims and liens against the estate, but to place the world on notice of the transfer. I both events vesting of title occurs at the time of death and not as a result of any recording or probate. It is possible to give the public notice with an affidavit which shows the devolution of title. An affidavit is often used to settle record title when the events described are in the distant past. Ordinarily, the usual methods of notice are followed when the parties in interest are still living. This response does not address liens, claims against the estate and the rights of administrators or executors to sell real estate which may require a suit, but will divest the current owner of title which vested at the time of the death of the co-owner.