Updated September 4, 2026. Quick answer: in West Virginia, dying without a will does not mean the state keeps the estate; it means West Virginia’s intestacy statute (W. Va. Code §§ 42-1-3 (Share of spouse); 42-1-3a (Share of heirs other than surviving spouse); 42-1-3e (Kindred of half blood)) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from West Virginia residents who die without a will is set by statute, not custom: W. Va. Code §§ 42-1-3 (Share of spouse); 42-1-3a (Share of heirs other than surviving spouse); 42-1-3e (Kindred of half blood) and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: W. Va. Code section 42-1-3(a): the entire intestate estate if (1) no descendant of the decedent survives the decedent, or (2) all of the decedent’s surviving descendants are also descendants of the surviving spouse AND there is no other descendant of the surviving spouse who survives the decedent.
When it is less than everything: Three tiers. (a) Entire estate under the condition above. (b) Three-fifths (3/5) of the intestate estate if all of the decedent’s surviving descendants are also descendants of the surviving spouse, BUT the surviving spouse has one or more surviving descendants who are NOT descendants of the decedent (i.e., the spouse, not the decedent, brought outside children into the picture). (c) One-half (1/2) of the intestate estate if one or more of the decedent’s surviving descendants are NOT descendants of the surviving spouse (the classic blended-family reduction, triggered by the decedent’s side). This is the full three-tier Uniform Probate Code model, structurally like DC’s approach though with different fractions.
The intestate share of a decedent’s surviving spouse is: (a) The entire intestate estate if: (1) No descendant of the decedent survives the decedent; or (2) All of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (b) Three fifths of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (c) One half of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse.
Source: W. Va. Code §§ 42-1-3 (Share of spouse); 42-1-3a (Share of heirs other than surviving spouse); 42-1-3e (Kindred of half blood)
If a DIY will fits your situation in West Virginia
In West Virginia, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 42-1-3a: (a) decedent’s descendants by representation; (b) if none, decedent’s parents equally or surviving parent; (c) if none, descendants of decedent’s parents (siblings etc.) by representation; (d) if none, half to paternal grandparents/their descendants and half to maternal grandparents/their descendants, or the entire estate to one side if the other side has no survivors.
Rules that change the outcome
Half-blood relatives: Full share. W. Va. Code section 42-1-3e: ‘Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets West Virginia property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.