What is the difference between heirship and intestacy?
Heirship and intestacy are two different ways of transferring property when someone passes away. Heirship is when a person dies with a valid, legally recognized will and the property is passed down according to its terms. Intestacy is when a person dies without a valid, legally recognized will and the property is instead distributed according to the state’s rules of intestacy. In West Virginia, an heirship is determined by the deceased person’s will and the surviving spouse is the first person in line to receive any property or assets. If there is no will, the state then uses its intestacy law to determine who is the legal heir of a deceased person’s estate. Under West Virginia’s intestacy laws, the surviving spouse is again the first person to receive property or assets, followed by the deceased’s children. If there are no children, assets are then passed to the deceased’s parents, siblings, or other family members. In summary, heirship and intestacy are two different ways of transferring property when someone passes away. Heirship is handled according to the deceased’s will, while intestacy is handled according to the state’s laws of intestacy. In West Virginia, the surviving spouse is the first person to receive any property or assets, regardless of whether there was a will or not.
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