What happens to an estate if there is no will?

If an individual passes away without a valid will (also called intestate) in West Virginia, their estate will be settled according to the state’s intestacy laws. The assets of the deceased individual are divided among survivors according to a set of legal rules. These rules determine who gets the property and the order in which it is distributed. If the deceased individual is survived by a spouse and children, the spouse usually inherits the entire estate. However, if the deceased is survived by a spouse and a parent, the spouse typically receives the first $50,000 of the estate, plus half of the remainder. The parent then receives the other half of what remains. If the deceased is not survived by a spouse, the estate will be divided among the descendants with children receiving double portions. If there are no children, the descendants receive the estate in equal shares. If there are no heirs, the estate will go to the state. In West Virginia, the state gets the money from the sale of the deceased’s property and deposits the funds in the state’s Unclaimed Property Fund. The funds remain in the Unclaimed Property Fund until claimants can prove their connection to the estate and can make a legal claim. In general, intestate succession laws are in place to ensure that the deceased’s property is split up as the deceased would have wanted. To do this, it is important to create a will so that your wishes are honored.

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What happens to an estate if there is no will?

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