How is an intestate estate divided if there is no surviving spouse?

If there is no surviving spouse in a West Virginia intestate estate, the estate will be divided according to the laws of intestate succession. In West Virginia, if there are no surviving descendants of the decedent, the estate is distributed to the surviving parents of the decedent. If only one parent is living, the entire estate passes to them. If both parents are living, the estate is split in half and each parent receives an equal share. If the decedent has no surviving parents, the estate is distributed to the surviving siblings of the decedent. If there is one surviving sibling, that person will receive the entire estate. If there are multiple surviving siblings, the estate will be divided equally among them. If there are no surviving parents or siblings, the estate will be distributed to the nearest living relatives in the following order: grandparents, aunts and uncles, and cousins. All of these relatives must be of the same degree of consanguinity (i.e. related through the same ancestor). For example, if a decedent has no surviving parents or siblings, the estate will be distributed to any surviving grandparents before any aunts and uncles. If there are surviving aunts and uncles, the estate will be divided equally between them. If there are no surviving relatives in this order, the estate will pass to the state.

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How is an intestate estate divided if there is no surviving spouse?

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