What Happens If You Die Without a Will in West Virginia?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
West Virginia intestacy laws determine who inherits when there is no will.W.Va. Code § 42-1-3Verified Jun 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 order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in West Virginia depends on family structure.W.Va. Code § 42-1-3Verified Jun 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 Jun 10, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. By representation
West Virginia requires an heir to survive the decedent by 120 hours to inherit.W.Va. Code § 42-1-3Verified Jun 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.
Under West Virginia intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.W.Va. Code § 42-1-3Verified Jun 10, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. 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 that avoids formal probate. 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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West Virginia Estate Planning Resources
In-depth guides covering West Virginia probate laws, trust requirements, and estate planning strategies.
