What Happens If You Die Without a Will in West Virginia?
Without a will in West Virginia, a surviving spouse takes the entire estateW.Va. Code § 42-1-3Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationW.Va. Code § 42-1-3dVerified Sep 10, 2026View source.
Frequently Asked Questions
West Virginia intestacy laws determine who inherits when there is no will.W.Va. Code § 42-1-3Verified Sep 10, 2026 West Virginia follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The estate passes to the closest surviving relatives — in most cases the spouse and children first — then, in order: Parents; Descendants of your parents; Grandparents and their descendants; The state of West Virginia.
The surviving spouse's share in West Virginia depends on family structure.W.Va. Code § 42-1-3Verified Sep 10, 2026 With no children: Entire estate. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. If spouse has other descendants: 3/5 of estate. When children from a prior relationship survive: One-half (1/2) of the estate.
West Virginia uses the "per capita at each generation" distribution method.W.Va. Code § 42-1-3dVerified Sep 10, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level.
West Virginia requires an heir to survive the decedent by 120 hours to inherit.W.Va. Code § 42-1-3bVerified Sep 10, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs. In most states this requirement does not apply where it would cause the estate to pass to the state.
Under West Virginia intestacy law, stepchildren and unmarried partners generally do not inherit unless legally adopted or specifically recognized by statute.W.Va. Code § 42-1-3Verified Sep 10, 2026 A will or trust is how stepchildren or unmarried partners are provided for. The West Virginia will signing requirements page outlines what is needed to execute a valid will.
Probate costs in West Virginia depend on estate size and complexity. Estates valued at $50,000 or less may qualify for a simplified procedure. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the West Virginia probate cost calculator for a detailed estimate.
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