- Married with no children
- If the decedent has no surviving children, the surviving spouse receives the entire estate.
- Married with child or children
- 1) If all of the decedent’s surviving children are also descendants of the surviving spouse and there is no other child of the surviving spouse who survives the decedent, the surviving spouse receives 100 percent of the estate.
2) If all of the decedent’s surviving children are also descendants of the surviving spouse and the surviving spouse has one or more surviving children who are not descendants of the decedent, the surviving spouse receives 3/5 of the estate.
3) If one or more of the decedent’s surviving children are not descendants of the surviving spouse, the surviving spouse receives one half of the estate. - Order of estate distribution if spouse survives
- The portion of the estate not going to the surviving spouse passes in the following order:
1) The decedent’s descendants
2) Decedent’s parents
3) The descendants of the decedent’s parent(s)
4) Grandparents or descendants of grandparents - No spouse survives but there are other relatives
- 1) The decedent’s descendants
2) Decedent’s parents
3) The descendants of the decedent’s parent(s)
4) Grandparents or descendants of grandparents - Order of estate distribution if decedent not married, widow or widower
- 1) The decedent’s descendants
2) Decedent’s parents
3) The descendants of the decedent’s parent(s)
4) Grandparents or descendants of grandparents - No surviving relatives
- The proceeds of the sale of any real property go to the general school fund of the state of West Virginia. The proceeds of the sale of any personal property is deposited to the credit of the West Virginia general revenue fund.
- State link
- http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=42&art=1
- Other links
- None
- Special notes
- An individual who fails to survive the decedent by at least 120 hours is deemed to have predeceased the decedent for purposes of inheritance.
My father passed away on November 3, 2011. His will was declared null and void by the county commission on February 15, 2012. His wife of only 3 years left the state 48 hours later in the back of a rental truck! She left everything and dumped his whole estate in my lap. Since they were only married for a short time, is she entitled to half of his estate or only a portion of it? Please respond as quickly as you can for I’m in a verbal dispute with her lawyer over this matter. Thank you for your prompt attention! By the way, my father and his wife resided in the state of West Virginia along with me and my family. I’ve read about something called, “Spousal Elective Share”. Does that apply in this case or not? Thanks again!