Who Inherits If You Die Without a Will in West Virginia

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.

A surviving spouse of a decedent domiciled in West Virginia may elect to take a percentage of the augmented estate instead of the will or intestate share. The percentage depends on the length of the marriage: a supplemental amount only for less than 1 year, 3% for 1 year rising to 50% for 15 years or more. If the spouse's total from the listed sources is under $25,000, the spouse may receive a supplemental elective-share amount bringing it to $25,000. The election is made by filing a petition in court (and mailing or delivering it to the personal representative) within nine months after death or six months after the will is probated, whichever is later; an extension may be requested within nine months after death. West Virginia is not a community property state.

A successor of a decedent who died domiciled in West Virginia may use a small estate affidavit if the decedent's probate personal property is worth no more than $50,000 in total and the decedent owned no probate real estate (or interest in probate real estate). The affidavit, sworn before a notary, is filed for recording with the clerk of the county commission (or fiduciary supervisor) in the county of probate jurisdiction. A successor named as executor in the will may file once 30 days have passed since death; any other successor must wait 60 days. No bond or oath is required. The clerk mails copies to the named executor and the beneficiaries or heirs and issues a certificate and authorization that lets the successor collect and distribute the assets for six months (extendable once for up to six months for good cause). Interested persons have 30 days after mailing to file a written objection. Separately, after 120 days from death, holders of up to $5,000 in wages, accounts or other assets (and the Treasurer, for unclaimed property of $5,000 or less) may pay the surviving spouse or, if none, the heirs on an affidavit when no personal representative has qualified.