Affidavit of Heirship in West Virginia

Yes, in part. Affidavits of heirs are recorded and indexed by the clerk of the county commission in intestate administrations. In addition, for real estate in West Virginia owned by a nonresident who died without a will, any person with an interest in the real estate may record, without appointing an ancillary administrator, an affidavit (the statute gives a form) describing the real estate with its assessed and fair market value, stating that the decedent died intestate, that more than 60 days have passed with no personal representative appointed in West Virginia, and listing the names and last known addresses of the heirs at law; no bond or oath is required. The clerk may require a certified death certificate.

Surviving spouse: the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants; three-fifths if all of the decedent's descendants are also the spouse's but the spouse has other descendants; one-half if any of the decedent's descendants are not the spouse's. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to parents equally or the surviving parent; if none, to descendants of the parents (brothers, sisters, nieces, nephews) by representation; if none, half to paternal and half to maternal grandparents or their descendants. If there is no taker, the estate passes to the state.