WV risk area
Intestacy risk in West Virginia
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in West Virginia
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://code.wvlegislature.gov/42-1-3/
- https://code.wvlegislature.gov/42-1-3a/
- https://code.wvlegislature.gov/42-1-5/
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in West Virginia.