West Virginia Code
Article 4. Banking Institutions and Services Generally
§31A-4-33a. Establishment of Payable on Death Accounts; Rights of Account Owners; 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 death 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 are 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 only 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 interest, 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 executed 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 order 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 designated 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.

Structure West Virginia Code

West Virginia Code

Chapter 31A. Banks and Banking

Article 4. Banking Institutions and Services Generally

§31A-4-1. General Corporation Laws Applicable; Charter Applications to Be Approved by West Virginia Board of Banking and Financial Institutions

§31A-4-2. Use of Terms; Unlawfully Engaging in Banking Business; Penalties; Enforcement

§31A-4-3. Minimum Capital Stock; Classes of Stock; Par Value; Capitalization of Surplus

§31A-4-4. Majority of Stock to Be Paid in Full Before Engaging in Business; Sale of Additional Stock; Organizational Expense Fund; Affidavit of Incorporators; Penalties; Stockholder Preemptive Rights

§31A-4-5. Requirements and Procedure for Incorporation of State Banks

§31A-4-6. Examination and Investigation of Proposed Bank by Board

§31A-4-7. Time for Completion of Investigation; Notice and Hearing; Approval or Disapproval of Application for Incorporation; Completion of Corporate Organization

§31A-4-8. Directors, Their Qualifications and Oaths

§31A-4-9. Fidelity Bonds and Insurance

§31A-4-10. List of Stockholders

§31A-4-10a. Stockholder Inspection of Books and Records

§31A-4-11. Liability of Stockholders

§31A-4-12. Impairment of Capital Forbidden; Remedies; Assessments; Sale of Stock

§31A-4-13. Powers of State Banking Institutions Generally

§31A-4-14. Trust Powers of Banking Institutions

§31A-4-14a. Transfer of Fiduciary Accounts or Relationships Between Affiliated Subsidiary Banks of a Bank Holding Company or Affiliated Nonbanking Entities or Entities Jointly Owned by Federally Insured Depository Institutions

§31A-4-14b. Delegation and Fiduciary Responsibility

§31A-4-15. Required Annual Filings Before Exercising Trust Powers; Penalties; Notice of Failure to Comply

§31A-4-16. Trust Funds to Be Kept Separate; Bookkeeping and Management

§31A-4-17. Oath as Fiduciary

§31A-4-18. Capital as Fiduciary Security; Additional Security

§31A-4-18a. Short-Term Investments When Acting as a Fiduciary

§31A-4-19. Reports

§31A-4-20. Stockholders’ Annual Meeting; Financial Statement; Appointment, Duties and Report of Outside Auditing Firm

§31A-4-21. Federal Deposit Insurance; Membership in Federal Reserve System

§31A-4-22. Reserves Required of Banking Institutions; Reports; Penalties

§31A-4-23. Borrowing by Banking Institutions; Records Thereof; Penalties

§31A-4-24. Capital Notes and Debentures; Retirement; Not Subject to Assessment

§31A-4-25. Dividends; Limitations; Penal Provisions

§31A-4-26. Limitation on Loans and Extensions of Credit; Limitation on Investments; Loans to Executive Officers and Directors of Banks and Employees of the Banking Department; Exceptions; Valuation of Securities

§31A-4-27. Loans Eligible for Federal Insurance or Guaranty

§31A-4-28. Investments in Obligations Secured by Mortgages or Deeds of Trust Insured or Guaranteed by United States; Securities of Federal Agencies; Use of Such Obligations and Securities as Collateral, etc.

§31A-4-29. Application of Other Laws to Loans and Investments Under §§31a-4-27 and 31a-4-28

§31A-4-30. Charges and Interest Allowed in Certain Cases; Negotiability of Installment Notes

§31A-4-30a. Alternative Maximum Interest Rate on Loans by Banks Chartered Under State Law

§31A-4-31. Uniform and Continuing Depository Bonds Authorized; Review of Such Bonds; Correction of Inadequacy; Security for Federally Insured Deposits Not Required

§31A-4-32. Adverse Claims to Deposits and Property Held in Safe Deposit

§31A-4-33. Deposits in Trust; Deposits in More Than One Name; Limitation on Liability of Institutions Making Payments From Certain Accounts; Notice Requirements; Pledges or Garnishment of Joint Accounts; Financial Institutions Duties; Multiple-Fiduci...

§31A-4-33a. Establishment of Payable on Death Accounts; Rights of Account Owners; Change of Beneficiary to Be in Writing; Rights of Beneficiaries; Limitation on Liability of Institutions Making Payments From Such Accounts

§31A-4-34. Payment of Deposits to Minors

§31A-4-35. Reproduction of Checks and Other Records; Admissibility of Copies in Evidence; Disposition of Originals; Record Production Generally

§31A-4-36. Statement of Account to Customers; Duties of Customers; Limitations

§31A-4-37. Sale of Machine Operations and Services

§31A-4-38. Direct Leasing of Personal Property

§31A-4-39. Transactions on Legal Holidays and Sundays

§31A-4-40. Permissive Closing on Fixed Weekday or Portions of Weekdays; Notice of Closings; Emergency Closings; Procedures

§31A-4-41. Additional Authority of Board as to Limited Operations and Cessation of Business by State Banks

§31A-4-42. Unlawful for Persons Other Than Banking Institutions to Engage in the Banking Business; Penalties

§31A-4-43. Negotiable Order of Withdrawal Accounts Allowed

§31A-4-44. Employment Information

§31A-4-45. Refusal of Banking Institutions to Open Checking Accounts for Certain Individuals Convicted of Worthless Check Violations; Authorizing Criminal Background Investigation by Banking Institutions; Civil Immunity; and Confidentiality