WV risk area
Complexity triggers in West Virginia
Scenarios that increase estate risk, such as blended families or multi-state property.
West Virginia provides a spousal elective share and a statutory support allowance during administration.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may renounce the will and take a statutory share instead of the will’s provisions.
- The estate must provide a reasonable allowance for the support of the surviving spouse and minor children.
Questions to consider
Questions this risk area helps you evaluate in West Virginia
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
West Virginia provides a spousal elective share and a statutory support allowance during administration.
- A surviving spouse may renounce the will and take a statutory share instead of the will’s provisions.
- The estate must provide a reasonable allowance for the support of the surviving spouse and minor children.
Sources
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in West Virginia.