Detailed Answer — Who inherits and how to claim your share

Short answer: When a person dies without a will (intestate) in West Virginia, state intestacy rules determine who inherits. To claim your share you generally must: identify heirs and assets, open a probate or use a small‑estate procedure if available, obtain authority to collect assets (letters of administration or equivalent), satisfy creditor claims, and then receive your distributive share under the statutory order of succession.

1. How West Virginia decides who inherits

West Virginia’s intestacy rules set a priority order for heirs (commonly: surviving spouse, children, parents, siblings, more distant relatives). If no heirs exist, the estate may escheat to the state. For the controlling statutory rules see West Virginia Code, Chapter 42, Article 1 (intestate succession): W. Va. Code Ch. 42, Art. 1.

Common patterns you should know:

• If the decedent has a surviving spouse and children who are also the children of that spouse, the spouse often receives all or a large portion, with children sharing the remainder.
• If the decedent has children but no surviving spouse, the children typically inherit the entire estate, divided per stirpes (each branch of the family shares equally).
• If there are no surviving spouse or descendants, parents and then siblings may inherit.

2. Practical steps to claim your share

1. Get certified copies of the death certificate. You will need several certified copies to transfer assets. The West Virginia Department of Health and Human Resources handles vital records: dhhr.wv.gov.
2. Identify assets and liabilities. Make a list of bank accounts, real estate, vehicles, investments, safe‑deposit boxes, and known debts. Gather account numbers, deeds, titles, and insurance policies.
3. Determine whether probate is required. Small estate procedures sometimes let you collect some assets without full probate. If assets exceed the small‑estate limit or include real estate, you will likely need to open an administration (probate) case in the county where the decedent lived. The West Virginia Courts site explains probate procedures and local contacts: courtswv.gov.
4. Open an estate administration (if needed). File a petition with the probate court or county commission to appoint a personal representative or administrator. The court issues letters of administration that authorize the representative to collect and manage estate assets.
5. Give notice to creditors and pay valid claims. The administrator must notify creditors and pay valid debts and taxes before distributing assets to heirs.
6. Prepare an inventory and account to the court. Many administrations require a formal inventory and accounting before distribution.
7. Distribute the remaining assets according to intestacy rules. After debts, taxes, and expenses, the administrator distributes the residue to heirs per West Virginia’s statutory order.

3. If you believe you are an heir but the estate is contested

If family members disagree about who inherits, whether a person is a lawful heir, or about estate assets, the probate court resolves disputes. Common contests include paternity/parentage, validity of informal wills, claims by creditors, or alleged undue influence. If there is a serious dispute, you should consider consulting an attorney experienced in West Virginia probate and family succession law.

4. Time frames and deadlines

Timelines vary. Some actions (creditor notice periods, filing to open probate) have statutory deadlines. Acting promptly helps preserve rights and avoids delay or loss of assets. If you are uncertain how soon to act, contact the probate clerk in the county where your parent lived or speak to an attorney.

5. Where to get county‑level help

Probate practice in West Virginia is handled in local courts. Contact the probate clerk or the county commission office in the county where your parent lived for local filing requirements, forms, and fee schedules. The state courts website listed above can point you to local court contacts and self‑help resources.

Statutory references: See West Virginia Code, Chapter 42, Article 1 (intestate succession) for the order of heirs and distribution rules: https://code.wvlegislature.gov/42/1/. For probate procedure and local rules, consult the West Virginia Judiciary at https://www.courtswv.gov/.

Important: This overview explains typical steps in West Virginia but does not cover all special situations (community property issues, jointly titled property, beneficiary designations, trust assets, federal estate tax issues, or family allowance/elective share questions). Those matters can change what assets pass and how you claim them.

Helpful Hints

• Gather certified death certificates early; institutions often insist on multiple copies.
• Check beneficiary designations (retirement plans, life insurance) — these pass outside probate to named beneficiaries.
• If property is jointly owned with rights of survivorship, it may transfer directly to the joint owner without probate.
• Keep clear records of communications with banks, courts, and family members; get receipts for estate expenses.
• If assets are small, ask the county probate clerk about simplified or small‑estate procedures to avoid full probate.
• If you suspect someone omitted a rightful heir or committed fraud, raise the issue with the probate court promptly.
• Be aware of creditor claims; creditors may have a limited window to make a claim against the estate.
• When in doubt, consult a West Virginia probate attorney to review your situation, especially for contested estates or complex assets.