What Changes the Answer in West VirginiaProbate assets, family structure, and the governing statute
The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.
West Virginia follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.
West Virginia source data cites West Virginia Code Chapter 42, Article 1 (Descent) for this no-will inheritance screen. Verify the current statute and local court process before relying on the calculator result for a filing or distribution decision.
What drives the resultFamily structure, probate assets, and state-specific rules
Family Structure
The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.
Probate Assets Only
Property that already transfers outside court often never reaches the state’s default inheritance rules.
State-Specific Rules
Even when family facts look familiar, the default split can change materially from one state to another.
What to Check Before Relying on the ResultWills, joint ownership, and beneficiary designations to confirm first
Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.
After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the West Virginia courts page if the estate will still need local probate handling.
Frequently Asked Questions
Who inherits if there is no will in West Virginia?
Does a surviving spouse automatically inherit everything in West Virginia?
What happens to assets with no heirs in West Virginia?
Does intestate succession apply to all assets?
Official Sources and Further ReadingOfficial references used for this page
- West Virginia Code Chapter 42, Article 1 (Descent) governing intestacy statute
- W. Va. Code 42-1-3 (Share of spouse)
- W. Va. Code 42-1-3a (Share of heirs other than surviving spouse)
- W. Va. Code 42-1-3b (Requirement that individual survive decedent for 120 hours)
- W. Va. Code 42-1-3e (Kindred of half blood)
- W. Va. Code 42-1-3c (No taker)
- W. Va. Code 42-3-4 (Proceeding for elective share; time limit)
- W. Va. Code 42-4-2 (Homicide bars acquisition of estate or insurance money)
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.