Elective Share in West Virginia
State-specific overview · Estate & Probate
West Virginia provides a surviving spouse with one-third of the estate if children exist, or one-half if no children survive.
How West Virginia treats Elective Share
West Virginia's elective share mirrors Virginia's approach: the spouse receives one-third of the net estate when the deceased left surviving children, and one-half when no children survive. The spouse must affirmatively elect this share within the statutory timeframe, typically within a set period after probate begins. West Virginia Code § 42-1-1 et seq. addresses spousal rights in intestacy and elective share.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.