What Happens if You Die Without a Will in West Virginia?
West Virginia has clear guidelines for what happens when someone dies without a will. Although, it may lead to a lengthy process, state law fills the gap based on who survives you. Here's the breakdown.
If You are Married with Children
- If your children are all shared with your spouse, and your spouse has no other children, your spouse inherits your entire estate.
- If your children are shared with your spouse, but your spouse also has children from another relationship, your spouse inherits 3/5 of your estate. Your children inherit the remaining 2/5.
- If you have children who are not your spouse's, your spouse inherits 1/2 of your estate. Your children inherit the other 1/2.
If You are Married Without Children
Your spouse inherits everythign in your estate.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of West Virginia, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in West Virginia
- Stepchildren may only inherit if they were legally adopted. Otherwise, they aren’t part of intestate succession.
- West Virginia's probate matters are handled by the County Commission rather than a dedicated probate court, with the practical work usually delegated to a Fiduciary Supervisor.
- Divorce automatically revokes any inheritance a will left to a former spouse, unless the will specifically says otherwise. This protection applies to wills, so worth separately checking that beneficiary designations on retirement accounts, life insurance, and similar assets have also been updated after a divorce, since those don't update automatically.
When Does an Estate Go Through Probate Without a Will
If you die without a will in West Virginia, your estate may still avoid full administration under the West Virginia Small Estate Act if the personal property is $50,000 or less and you owned no probate real property.. Larger estates, or any estate that includes real property, go through the County Commission.
Check here to learn more about probate in West Virginia.
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