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Intestate Succession Laws in West Virginia

In West Virginia, a surviving spouse inherits the entire estate when all of the deceased's descendants are also the spouse's descendants and the spouse has no other descendants, and also inherits everything when there are no descendants, even if parents are alive. West Virginia is not a community property state.

Last checked . General information, not legal advice.

West Virginia at a glance

Spouse share with shared children
Entire estate
The spouse takes three-fifths if the spouse has other descendants, and one-half if any of the deceased's descendants are not the spouse's.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
Entire estate
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in West Virginia

How much does a surviving spouse inherit in West Virginia when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in West Virginia: Entire estate. The spouse takes three-fifths if the spouse has other descendants, and one-half if any of the deceased's descendants are not the spouse's.

Does a surviving spouse in West Virginia inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in West Virginia: yes.

How much does a surviving spouse inherit in West Virginia when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in West Virginia: Entire estate.

Is West Virginia a community property state?

No. Community property state in West Virginia: no. Not listed by the IRS among the community property states.

Where do the West Virginia intestate succession laws come from?

The rules above come from W. Va. Code 42-1-3. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.