are selections from the West Virginia intestate succession statutes.
(Chapter 42, Descent and Distribution)
Intestacy Calculator™ uses
these laws to automatically divide
any intestate estate with just a few clicks.
Share of spouse.
The intestate share of a decedent's surviving spouse is:
(a) The entire intestate estate if:
(1) No descendant of the decedent survives the decedent; or
(2) All of the decedent's surviving descendants are also descendants of
the surviving spouse and there is no other descendant of the surviving
spouse who survives the decedent;
(b) Three fifths of the intestate estate, if all of the decedent's
surviving descendants are also descendants of the surviving spouse and
the surviving spouse has one or more surviving descendants who are not
descendants of the decedent;
(c) One half of the intestate estate, if one or more of the decedent's
surviving descendants are not descendants of the surviving spouse.
42-1-3a. Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving
spouse under section three of this article, or the entire intestate
estate if there is no surviving spouse, passes in the following order to
the individuals designated below who survive the decedent:
(a) To the decedent's descendants by representation;
(b) If there is no surviving descendant, to the decedent's parents equally
if both survive, or to the surviving parent;
(c) If there is no surviving descendant or parent, to the descendants of the
decedent's parents or either of them by representation;
(d) If there is no surviving descendant, parent, or descendant of a parent,
but the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal
grandparents equally if both survive, or to the surviving paternal
grandparent, or to the descendants of the decedent's paternal grandparents
or either of them if both are deceased, the descendants taking by
representation; and the other half passes to the decedent's maternal
relatives in the same manner; but, if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the
same manner as the half.
42-1-3c. No taker.
If there is no taker under the provisions of this article, the intestate
estate passes to the state. Any real property shall pass to the state
auditor. Any personal property shall pass to the state treasurer for
disposition by public sale in accordance with the provisions of section
twelve, article eight, chapter thirty-six of this code. The proceeds of the
sale of any such real property shall be deposited to the credit of the
general school fund. The proceeds of the sale of any such personal property
shall be deposited to the credit of the general revenue fund.
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See Also: Which state's intestacy laws apply at death? and
How are intestacy laws interpreted?
West Virginia intestate succession statutes may be found in full by
link. (Chapter 42, Descent and Distribution)