Detailed Answer to Intestate Succession in West Virginia with No Spouse and Three Children
When someone dies without a will (intestate) and has no surviving spouse but has three children,
Applicable West Virginia Statutes
- W. Va. Code § 42-1-1: Definitions and Scope
- W. Va. Code § 42-1-2: Order of Succession
- W. Va. Code § 42-1-3: Distribution to Children
Under W. Va. Code § 42-1-2 and § 42-1-3, if there is no surviving spouse, the decedent’s descendants inherit the entire estate. The estate is divided per capita among all surviving children. If a child predeceased the decedent but left descendants, those descendants inherit that share per stirpes.
Example Distribution
Assume the estate’s net value is $300,000. With three surviving children, each receives $100,000. If one child predeceased but had two children, those grandchildren together receive that $100,000 share—$50,000 each—while the two surviving children still receive $100,000 each.
Helpful Hints
- Intestate succession follows statute, not a will.
- The probate court appoints a personal representative to manage the estate.
- File a petition in the circuit court of the decedent’s county of residence.
- Gather and value all assets, pay debts, then distribute remaining assets.
- Consult a probate attorney to avoid procedural mistakes.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.