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Home→Tools→Beneficiary Checker→West Virginia

Are Beneficiary Designations Protected in West Virginia?

Check how divorce, creditors, and state laws affect your life insurance, retirement accounts, and other beneficiary designations.

Select all that apply

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

This tool provides general information about state beneficiary designation laws. It does not constitute legal advice. ERISA-governed plans are subject to federal law which may differ from state law. Consult a licensed attorney for advice specific to your situation.Data verified 2026-01-21

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Protect your beneficiaries

Frequently Asked Questions

West Virginia does not automatically revoke beneficiary designations upon divorce. Manual updates to all beneficiary designations are required after divorce, or an ex-spouse may still inherit life insurance, retirement accounts, and other assets.

Partially. West Virginia provides some creditor protection for inherited IRAs, but with limitations. See W. Va. Code § 38-10-4.

No. Per stirpes is not the default in West Virginia. If a beneficiary dies before you without a named contingent beneficiary, the proceeds typically go to your estate and through probate. Explicit per stirpes designation or contingent beneficiaries are needed.

How Do Beneficiary Designations Work in West Virginia?

Beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts determine who receives these assets when you die. These designations override your will, making it critical to keep them updated.

West Virginia does not automatically revoke beneficiary designations upon divorce. If you get divorced in West Virginia, you must manually update all your beneficiary designations or your ex-spouse may still inherit your life insurance, retirement accounts, and other assets.

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West Virginia Estate Planning Resources

In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.