It’s a question many people don’t think about until it’s too late: what happens to your belongings, property, or bank accounts if you pass away without a will? In West Virginia, the answer depends on a legal process called intestate succession. When there’s no will, state law determines who inherits your estate—and the outcome may not reflect your personal wishes.
If you want to ensure your assets are distributed the way you intend, understanding how intestate laws work is a good place to start.
West Virginia’s Intestate Succession Laws
When someone dies without a will, the state steps in to determine how their assets are divided. This process prioritizes close family members, but the details can get complicated. Here’s a basic breakdown:
- If you’re married with no children, your spouse typically inherits everything.
- If you’re married with children from that marriage, your spouse also usually receives the full estate.
- If you have children from another relationship, your spouse and your children will share your estate.
- If you’re not married and have no children, your estate may go to parents, siblings, nieces, nephews—or even more distant relatives.
The court appoints someone (usually a family member) to serve as the personal representative of your estate. This person will manage your property, pay any outstanding debts, and distribute what remains according to the law.
Why Dying Without a Will Can Create Problems
Without clear instructions in a will, families are often left to navigate confusion, delays, and even disputes. Some common issues that arise include:
- Probate delays: The court must verify heirs, appoint a representative, and follow a specific legal process, which can slow everything down.
- Unintended outcomes: Your assets could go to relatives you’re estranged from—or bypass people you care about.
- Family conflict: When there’s no will, misunderstandings can easily turn into legal disputes.
Creating a will doesn’t just protect your assets—it protects your loved ones from unnecessary stress.
The Basics of Creating a Simple Estate Plan
Even a basic estate plan can go a long way in making sure your wishes are honored. Here are a few documents to consider:
- Last Will and Testament: Outlines how you want your assets distributed and who should manage your estate.
- Healthcare Power of Attorney: Allows someone to make medical decisions on your behalf if you’re unable to.
- Financial Power of Attorney: Designates a trusted person to manage your finances if you become incapacitated.
- Living Will: Describes your preferences for medical treatment in end-of-life situations.
Estate planning isn’t just for the wealthy. Every adult—especially those with children, property, or specific wishes—should have at least a basic plan in place.
If you want to make sure your assets are distributed according to your wishes—and not left to state law—Persinger & Persinger can help you create a personalized estate plan that fits your needs and goals.
Note: This article is intended for general informational purposes only and does not constitute legal advice. To learn more about estate planning in West Virginia, contact Persinger & Persinger directly.