FastCounsel

Disclaimer: This article provides general information and is not legal advice.

Detailed Answer

When a person dies without a valid will (intestate) in West Virginia, intestate succession laws govern how to identify heirs and distribute the estate. You start by gathering family details and applying West Virginia Code Chapter 42, Article 1 on intestate succession.

Step 1: Gather Key Documents

Collect the decedent’s death certificate, marriage certificate(s), birth certificates for children, adoption records and any guardianship orders.

Step 2: Identify Potential Heirs

List all close relatives: surviving spouse, children (including adopted), parents, siblings (and their descendants), grandparents, aunts/uncles and their descendants.

Step 3: Apply the Intestate Succession Hierarchy

Use the order established in West Virginia Code §§42-1-2 through 42-1-11 to determine who inherits:

• Spouse and Descendants: A surviving spouse and the decedent’s children share the estate. See WV Code §42-1-2.
• Descendants Only: If no spouse survives, all children inherit equally. See WV Code §42-1-3.
• Parents: If no spouse or descendants, the estate passes to parents. See WV Code §42-1-4.
• Siblings and Their Descendants: If no parents, siblings or their descendants inherit. See WV Code §42-1-5.
• Grandparents and Kin: If no closer kin, grandparents, aunts, uncles and their descendants inherit. See WV Code §42-1-10.
• No Heirs: If no statutory heirs exist, the estate escheats to the state. See WV Code §42-1-20.

Step 4: Prepare an Heirship Chart

Create a family tree chart to visualize each heirs relationship and potential share.

Step 5: Confirm with the Probate Court

File an application for determination of heirship with the county probate clerk. An official heirship order helps avoid disputes.

Helpful Hints

• Include adopted children under the same category as biological children in West Virginia.
• Half-blood relatives inherit equally with whole-blood relatives unless they are the only heirs of half blood. See WV Code §42-1-17.
• Illegitimate children inherit if paternity is established by clear evidence.
• Predeceased heirs shares often pass per stirpes to their descendants.
• Obtain certified vital records to prevent challenges.
• Consult the probate clerk or an attorney early for complex family situations.