WV state guide
West Virginia estate risk overview
This guide explains how estate outcomes work in West Virginiawhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
West Virginia intestacy gives the surviving spouse the entire estate in some cases, otherwise a fraction, with the remainder passing to descendants or other heirs by representation.
- If there are no surviving descendants, or all descendants are shared with the spouse and the spouse has no other descendants, the spouse receives the entire estate.
- If all descendants are shared but the spouse has other descendants, the spouse receives three-fifths of the estate.
- If any descendant is not the spouse's, the spouse receives one-half of the estate.
- Any remaining estate passes to descendants by representation, then parents, then descendants of parents, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
West Virginia allows administration of a small estate by affidavit without appointing a personal representative, subject to asset caps and waiting periods.
- Small assets are limited to probate personal property totaling $50,000 or less.
- A small estate can include probate real property up to $100,000 in value, but the affidavit procedure applies only when no probate real property is involved.
- If the affiant is a nominated personal representative, at least 30 days must pass after death; otherwise 60 days must pass.
- The affidavit is filed with the county clerk or fiduciary supervisor for recording and issuance of a small-estate certificate.
- The affidavit is filed with the county clerk, who issues a small-estate certificate.
Estate and inheritance tax exposure
West Virginia's estate tax is a pick-up tax tied to the federal state death tax credit, which was eliminated for deaths after January 1, 2005.
- West Virginia imposes estate tax only when a federal estate tax is payable, equal to the allowable federal state death tax credit.
- The federal government eliminated the state death tax credit for deaths after January 1, 2005, effectively eliminating West Virginia's estate tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
West Virginia allows minors age 14 or older to nominate a guardian, subject to court approval, and courts may consider younger minors' preferences.
- A minor over age 14 may nominate a guardian in court or by written acknowledgment, and the court appoints the nominee if approved.
- For minors under 14, the court may consider the minor's reasonable preference if the child is sufficiently mature.
- Older minors may nominate a guardian, subject to court approval.
Risk areas
Explore estate risk dimensions in West Virginia
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in West Virginia
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in West Virginia
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in West Virginia
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.