Intestate Succession in West Virginia
State-specific overview · Estate & Probate
West Virginia prioritizes spouses and descendants, with a sliding scale based on family composition.
How West Virginia treats Intestate Succession
A surviving spouse receives one-third of the estate if children exist, or the entire estate if there are no children. Children inherit equal shares of the remaining estate after the spouse's portion is set aside. If there is no spouse, all children inherit equally. West Virginia follows per stirpes distribution for deceased children's descendants.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.