Inherited Property in West Virginia that is solely owned by the deceased is required to go through probate before it can be sold or ownership claimed. Here’s a general guide to that process.

WHEN THERE’S NO WILL

SPOUSE POSITION
In West Virginia, if you are married and die without a valid will, what your spouse inherits depends on whether or not you have living descendants. Descendants include children, grandchildren, and great-grandchildren. If you have no living descendants, your spouse will inherit all of your intestate property. Your spouse will also inherit all of your intestate property if the only descendants either of you have are from your relationship with your spouse.

If you have descendants from another relationship than the one with your surviving spouse, your descendants will inherit half of your intestate property and your spouse will inherit the other half.

ELIGIBILITY
In order for your children to inherit under West Virginia’s intestacy laws, they must legally be your children. Legally adopted children have just as much right to their intestate share as biological children do. In addition, if the decedent placed their child up for adoption and that child was adopted by another family – other than your spouse – they are not legally eligible to receive intestate inheritance from the decedent. However, foster children and stepchildren that were never legally adopted by the decedent are not eligible to receive a share as the decedent’s child.

LIVING CHILDREN POSITION
If you have living descendants from your relationship with your surviving spouse, and your spouse has descendants from other relationships, your spouse will inherit 3/5 of your intestate property, and your descendants will inherit 2/5 of your intestate property.

PACKETS TO DOWNLOAD WITH REQUIRED DOCUMENTS TO BEGIN PROBATE
(These are also available at Probate Office – Includes forms for no will and with will)