How do state laws determine who is considered a surviving relative?

In West Virginia, state laws determine who is considered a surviving relative in the event of intestate succession. Intestate succession is the legal process of distributing an estate of a deceased individual who did not have a valid will, or died without a will (intestate). In West Virginia, a spouse, parent, or child of the deceased is always legally recognized as a surviving relative. However, the order of priority is as follows: spouse, children, grandchildren, parents, brothers and sisters, and then additional relatives. If a person dies without a spouse, the children will inherit the entire estate. If there are no children, the estate will be divided between the deceased person’s parents. If the deceased person’s parents are also deceased, the estate will be divided between the deceased person’s siblings or their children (nieces and nephews). If there are no siblings, their children, or other surviving direct relatives, then the estate will be divided among more distantly related surviving relatives, such as aunts, uncles, cousins, etc. In the event that no relatives can be found at all, the estate will “escheat” to the state. That is, the deceased person’s assets will be taken in by the state and managed as part of its public funds. In all cases, the distributions of the estate must comply with the terms of West Virginia Intestate Succession Law.

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How do state laws determine who is considered a surviving relative?

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