Who is entitled to receive a share of the estate?

In West Virginia, the heirs who are entitled to receive a share of the estate in a probate case depend on the type of will that was left. If the deceased individual left a will, it is referred to as a “testate” estate, and the heirs will be those specifically named in the will. If the deceased did not leave a will, it is referred to as an “intestate” estate, and the West Virginia laws on intestate succession will determine who the heirs are. Generally speaking, an intestate estate will pass to the deceased person’s closest living relatives, such as spouses, children, parents, siblings, or grandchildren. If the deceased individual is not survived by any close living relatives, the estate will pass to more distant relatives. In addition, if the deceased individual was married at the time of death, their spouse may be entitled to an “elective share” of the estate, regardless of what the will says. The amount of the elective share is determined by law and is different depending on whether the deceased individual left surviving children, grandchildren, or a spouse. Further, the personal representative of the estate, or the executor, is also entitled to compensation from the estate for their services in settling the estate. All of the heirs to the estate are entitled to receive notice of the probate proceedings and to receive notice of the filing of the final accounting.

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