Dying Without a Will in West Virginia

When a West Virginia resident dies without having made a last will and testament, the intestacy succession laws found in the West Virginia Code will dictate who inherits the probate estate. Below is a summary of the West Virginia intestacy succession laws in various situations.

Deceased Person is Survived by a Spouse and/or Descendants

Here is what will happen if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.):

• Survived by a spouse and descendants of that spouse and the spouse has no other children: In this case, the spouse will inherit the entire probate estate.
• Survived by a spouse and descendants of that spouse and the spouse has other descendants from another relationship: In this case, the spouse will inherit 3/5 of the probate assets and the descendants of the deceased person will inherit the remainder, per stirpes.
• Survived by a spouse and descendants from someone other than the spouse: In this case, the spouse will inherit 1/2 of the probate assets and the descendants of the deceased person will inherit the remainder, per stirpes.
• Survived by descendants and no spouse: In this case, the deceased person's descendants will inherit 100% of the probate estate, per stirpes.
• Survived by a spouse and no descendants: In this case, the spouse will inherit the entire probate estate.

Deceased Person is Not Survived by a Spouse or Descendants

Here is what will happen if the deceased person is not survived by a spouse or any descendants (children, grandchildren, great-grandchildren, etc.):

• Survived by one or both parents: In this case, the parents will inherit equal shares of the deceased person's probate estate if both are living, or the surviving parent will inherit 100%.
• Survived by siblings or descendants of siblings and no parents: In this case, the deceased person's siblings and the descendants of deceased siblings (nieces and nephews) will inherit the entire probate estate, per stirpes.
• Not survived by any family members: If the deceased person is not survived by any family members, then the entire probate estate will escheat to the State of West Virginia.

What Will You Inherit From a West Virginia Intestate Estate?

What will you inherit if your relative dies without leaving a last will and testament and the relative was a West Virginia resident or owned real estate located in West Virginia? Even if you determine based on the information above that you are entitled to an intestate share of your relative's estate, you may not inherit anything. Why? Because your relative may have left all non-probate property or the debts your relative owed at the time of death may exceed the value of the probate estate which will make the estate insolvent.

If you are not sure of your legal rights as an intestate heir in West Virginia, then consult with a West Virginia ​probate attorney to be sure.

Will You Owe Taxes on Your West Virginia Inheritance?

West Virginia is among the majority U.S. states that do not collect an estate tax or an inheritance tax at the state level. However, your inheritance may be subject to an estate tax at the federal level, and you may also owe income taxes (state and/or federal) on certain types of assets you inherit.