Dying Without A Will
W. Va. Code § 42-1-3 and W. Va. Code § 42-1-3a — the spouse first, then children, parents, brothers and sisters, and grandparents
| Who survives | The spouse's share |
|---|---|
| Who survivesNo children or other descendants | The spouse's shareAll of it |
| Who survivesDescendants all shared with the spouse, and the spouse has none of their own | The spouse's shareAll of it |
| Who survivesDescendants all shared, but the spouse also has descendants of their own | The spouse's shareThree fifths |
| Who survivesSome of the decedent's descendants are not the spouse's | The spouse's shareOne half |
- The decedent's descendants, by representation.
- Then the parents, equally, or the one who survives.
- Then the parents' descendants, the decedent's brothers, sisters, nieces and nephews.
- Then half to the grandparents or their descendants on each side.
That is the order for whatever does not go to the spouse, or for everything if there is no spouse.
One hundred twenty hours. An heir who does not survive the decedent by one hundred twenty hours is treated as having died first.
With no one to take, the estate passes to the state. A particular estate is a question for a licensed West Virginia attorney.
Sources for this section (4)
- W. Va. Code § 42-1-3 — Intestate estate: share of spouse
- W. Va. Code § 42-1-3a — Intestate estate: share of heirs other than surviving spouse
- W. Va. Code § 42-1-3b — Requirement that heir survive decedent for one hundred twenty hours
- W. Va. Code § 42-1-3c — Intestate estate: no taker
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.