How do state laws determine who inherits an estate if there is no will?

In West Virginia, the laws of intestate succession determine who inherits an estate if there is no will. Intestate succession is the process by which a decedent’s property is distributed when they die without a valid will. The laws of intestate succession are found in the West Virginia Code and essentially determine who is legally entitled to the property of a person who has died without a valid will. When a person dies without a will, their estate is divided among certain family members, depending on the situation. In West Virginia, a decedent’s spouse will inherit the entire estate if the decedent had no descendants. If the decedent had children, they will receive a proportionate share of the estate—the children and spouse will divide the decedent’s estate equally. Grandchildren will not typically inherit if their parents (the children of the decedent) are still alive. If the decedent had no spouse, children, or grandchildren, then the decedent’s parents, brothers and sisters, and stepchildren will inherit the estate. The order of priority is first determined by the degree of relatedness, and if two or more people are related to the decedent in the same degree, then they will split the estate equally. If there are no descendants, parents, siblings, or stepchildren, then the estate will go to the decedent’s grandparents, aunts and uncles, and nephews and nieces. If there is no living relative to the decedent, then the estate will go to the state of West Virginia.

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How do state laws determine who inherits an estate if there is no will?

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