Detailed Answer
When someone dies without a valid will in West Virginia, the estate passes under the state’s intestacy laws. These rules, found in West Virginia Code Chapter 42, Article 1, dictate exactly who inherits and in what proportions. The probate court supervises this process and ensures creditors are paid before distributing assets.
1. Locate the Intestate Succession Statutes
The primary statute is West Virginia Code § 42-1-1, which outlines the order of heirs. You can read the full text at WV Code Chapter 42, Article 1.
2. Distribution Categories
West Virginia divides heirs into classes:
- Spouse and Descendants: If the decedent leaves a surviving spouse and all descendants also descend from that spouse, the entire estate goes to the spouse (§ 42-1-2).
- Spouse and Some Non-Spouse Descendants: If some children are not of the surviving spouse, the spouse receives the first $150,000 plus half of the remainder; the other half goes equally to the children (§ 42-1-3).
- No Spouse, With Descendants: The entire estate divides equally among the decedent’s children or their descendants (§ 42-1-4).
- No Spouse or Descendants: Estate passes to parents equally (§ 42-1-5).
- No Parents: To siblings and their descendants (§ 42-1-6).
- No Siblings: Estate moves to more remote relatives per descending degree order (§ 42-1-7).
- No Heirs Found: Estate escheats to the State of West Virginia (§ 42-1-10).
3. Special Considerations
• Adopted children count the same as biological children under § 42-1-4.
• Half-blood relatives (e.g., half-siblings) share but at equal footing per § 42-1-6.
• Stepchildren inherit only if legally adopted.
The probate court appoints a personal representative to collect assets, pay debts and taxes, then distribute the remainder per these rules.
Helpful Hints
- Check for any handwritten (“holographic”) wills; these may be valid if signed and dated by the decedent.
- Request certified copies of the death certificate early to open probate.
- Search bank safe-deposit boxes and with clerks for any filed will.
- Consult the circuit court clerk’s office in the county where the decedent lived to start probate.
- Keep a detailed asset and creditor list to streamline administration.
- Consider hiring a probate attorney if the estate is large or family relations are complex.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.