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Commonly Asked Questions about West Virginia Last Will and Testament

If there is no will, the court will appoint an estate administrator. Typically, a person has to apply to the court to be an administrator, usually a spouse or other family member.
In West Virginia, if you die without a will, your property will be distributed ing to state intestacy laws. West Virginias intestacy law gives your property to your closest relatives, beginning with your spouse and children.
If you die without a will in West Virginia, your children will receive an intestate share of your property. The size of each childs share depends on how many children you have, whether or not you are married, and whether you or your spouse have children from another relationship.
West Virginia has survivorship rules, which means that to inherit under West Virginias intestate succession law, the heir in question must survive the decedent by at least 120 hours.
Yes. You can create your own will in West Virginia. Many people with simple estates choose to make their own will and other estate planning documents, like a power of attorney and living will. Using an online service to make a will allows you gather whatever information you need and work at your own pace.
If you die intestate and are not survived by a spouse, your estate will pass down in the following order: (1) descendents (children, then grandchildren, etc.) related to you by blood; (2) parents; (3) brothers and sisters; (4) grandparents; (5) other relatives.
No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or
If the estate has not been settled, yes The executor is the legal owner of the house and does not need the beneficiaries permission to sell it if they decide that is in the beneficiaries best interests. They can consider their wishes, but they dont have to, and they dont have to follow them if they do.