How is an estate distributed?

In West Virginia, probate law defines how an estate is distributed after a person passes away. When a person dies, their assets are collected and distributed according to their will, if one exists. If the deceased person did not write a will, then the intestacy laws of West Virginia will determine how the assets are distributed. The assets are distributed to the surviving spouse and/or children. The surviving spouse generally receives at least one-third of the deceased person’s estate. If there are surviving children, they are usually each entitled to one-third of the estate. If there is no surviving spouse, then the children will typically receive the deceased person’s entire estate. If the deceased person left behind no spouse or children, then the estate is distributed to the deceased person’s parents. If they do not survive, then the deceased person’s siblings, nieces and nephews, and other family members might receive a portion of the estate. If the deceased person left behind no family members, then the estate will be distributed to the state of West Virginia. In most cases, probate lawyers or the court will handle the process of distributing the estate. This involves collecting and organizing the assets, paying any debts, and then distributing the remaining assets according to the probate laws of West Virginia. The entire process can take several months or even years to complete.

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