What are the rules of intestacy?
In West Virginia, the rules of intestacy refer to what happens to a person’s estate when they pass away without leaving a will. Under state law, certain relatives are entitled to a deceased person’s estate through a process known as “intestate succession.” In intestate succession, the deceased’s estate is divided among their surviving family members in a way that is determined by state law. Under West Virginia law, if the deceased leaves behind a spouse but no children, the entire estate goes to the surviving spouse. If the deceased leaves behind both a spouse and a child, the spouse is entitled to the first $50,000 of the estate, plus one-half of the remainder. The other half is then split evenly between the surviving spouse and any children. If the deceased had no surviving spouse, then the entire estate is divided between any surviving children. If the deceased had no surviving children, the estate is split between their parents. If the deceased had no surviving parents, the estate passes to their siblings. If the deceased had no surviving siblings, the estate passes to the deceased’s grandparents. If there are no surviving grandparents, the estate passes to aunts and uncles, and if no living aunts or uncles exist, the estate passes to their cousins. If there are no living relatives, the estate passes to the state. When this happens, the state will use the money to settle any outstanding debts, and whatever is left is used for the public good.
Related FAQs
What is a spendthrift trust?What is the difference between a trust and a corporation?
What is the difference between legal title and equitable title?
What is the purpose of a trust indenture?
How does a trust work to protect assets for future generations?
What is probate and how does it work?
What happens if someone dies without a will?
What are the different types of powers of attorney?
What is an irrevocable life insurance trust?
What is a spendthrift trust clause?
Related Blog Posts
Understanding the Basics of Inheritance Laws: A Guide to Successfully Navigating State and Federal Statutes - July 31, 2023How to Ensure Your Estate Plan Reflects Your Wishes Through Inheritance Laws - August 7, 2023
Protect Your Rights as a Beneficiary: Understanding Your Legal Rights After Beneficiary Inheritance - August 14, 2023
Comprehending the Duties and Responsibilities of Executors of Estates: How to Properly Administer an Estate and Fulfill Inheritance Law Requirements - August 21, 2023
Maximizing the Benefits of Inheritance Law for Family Heirs of Estates - August 28, 2023