Bulletin: WV2023001

Dear Associates:

Below are some of the legislative changes made by the West Virginia Legislature in 2023 that are being brought to your attention:

• House Bill 3499 Effective June 10, 2023, amends and reenacts 36-12-11 of the Code of West Virginia, as amended, and to amend and reenact 36-12-13 of said code all relating to transfer on death deeds: specifically clarifying that an inter vivos transfer of a piece of real property that is the subject of a transfer on death deed causes the transfer on death deed to be revoked, with or without express language of revocation; and permitting transfer on death deeds to specify that the possessory interest conveyed can, if so provided in the language of the deed, transfer a joint tenancy with right of survivorship. Note: Stewart Title still prefers and requests revocation language in an inter vivos transfer of a piece of real property that is the subject of a transfer on death deed.

• Senate Bill 142 Effective June 7, 2023, amends and reenacts 44-2-1 and 44-2-29 of the West Virginia Code, as amended; to amend and reenact 44-3a-4a and 44-3A-19 of the code; and to amend and reenact 44-4-9 of the code, all relating to the procedure to settle estates of decedents; abolishing the requirement to publish a short form settlement of estates of decedents; providing for short form filing procedure; changing the requirement of a Class II legal advertisement to a Class 1 advertisement for the fiduciary commissioners list of long form settlements and language updates.

• Senate Bill 591 Effective June 4, 2023, amends and reenacts 7-12-9a of the West Virginia Code, as amended, relating to allowing counties and municipalities the opportunity to jointly undertake economic development projects and allow a pro-rata share in costs and revenues generated from said economic development projects.

• Senate Bill 244 Effective June 9, 2023, amends the Code of West Virginia, as amended, by adding thereto a new article, designated 5-30-1 and 5-30-2, all relating to making rosters of individuals who have obtained professional, occupational, and trade licenses, registrations, and certificates available to the public, stating purpose of article; and requiring entities that authorize individuals to practice a profession, occupation, or trade in the state to prepare and maintain a roster of authorized individuals and to make the roster available to the public.

• House Bill 2509 Effective June 9, 2023, amends the Code of West Virginia, as amended by adding a new article, designated 48-1A-101, 48-1A-201, 48-1A-301, 48-1A-401, 48-1A-501, ,48-1A-601, 48-1A-701, 48-1A-801, 48-1A-901, 48-1A-1001, and 48-1A-1101 all relating to the Uniform Premarital Agreement act, defining terms, providing requirements and content of agreement, providing for the effect of marriage, describing amendment, revocation and enforcement of such agreements; describing unenforceable terms; providing for tolling of statute of limitations, providing application and construction of article, providing an effective date being all premarital agreements signed on or after July 1, 2023; and setting forth short title.

• Senate Bill 548 Effective June 11, 2023, amends and reenacts 11A-3-2,11A-3-13. 11A-3-38, 11A-3-45 of the West Virginia Code, as amended, to amend the code by adding a new section, designated 11A-3-45a, to amend and reenact 11A-3-46, 11A-3-47, 11A-3-48 of said code; to amend said code by adding thereto a new section, designated 11A-3-48a; and to amend and reenact 11A-3-56 of the code, all relating to real property taxes, modifying who is entitled to redeem real estate that is subject to delinquent taxes; modifying certain public notices regarding the certification of real estate to the Auditor; modifying who is entitled to redeem non-entered or certified lands; specifying that participation in certain auctions conducted by the West Virginia Auditor constitutes transacting business in West Virginia; providing eligibility requirements to bid on tax liens at certain auctions conducted by the Auditor; providing for certain rule-making authority, including emergency rulemaking; barring certain parties form participating in auctions Conducted by the Auditor; modifying certain public notices regarding certain auctions conducted by the Auditor; providing for the incurrence of legal expenses related to the title examinations by the West Virginia Auditor and the reimbursement for those expenses; authorizing the West Virginia Auditor to refuse to sell unsold parcels to potential buyers who fail to meet certain criteria; and barring certain parties from purchasing unsold lands.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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