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No, not all estates must go through the formal probate process under West Virginia law. As described above, smaller estates (valued at less than $100,000 not counting real estate) and any property that passes to beneficiaries by living trust document can avoid the complicated process of formal probate.
Generally speaking, the surviving spouse is first in line to inherit, with children and grandchildren next in line. If the surviving spouse has any minor children, they may inherit the whole estate. Adult children may receive a share of inheritance.
In an intestate situation, the surviving spouse receives all of the community property and a portion of the separate property based on a predetermined formula set out in probate law. If the decedent was not married but has children, then the children will inherit everything equally.
You might be able to avoid probate in West Virginia by: Establishing and funding a Revocable Living Trust. Titling property smartly: in Joint Tenancy. Creating assets/accounts that are structured as Transfer on Death (TOD) or Payable on Death (POD)
Under West Virginia law, a will must be filed with the court within 30 days after the death of the testator. West Virginia Code 41-5-1. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
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The term next of kin in West Virginia is used synonymously with the term heirs, which means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent. West Virginia Code 42-1-1(16).
No, not all estates must go through the formal probate process under West Virginia law. As described above, smaller estates (valued at less than $100,000 not counting real estate) and any property that passes to beneficiaries by living trust document can avoid the complicated process of formal probate.
Legitimate Succession, 2. Compulsory Succession, and 3. Testamentary Succession.
Intestate estate. (a) Any part of a decedents estate not effectively disposed of by will passes by intestate succession to the decedents heirs as prescribed in this code, except as modified by the decedents will. WV Code 42-1-2 - West Virginia Legislature wvcode chapterentire wvcode chapterentire Flag this as personal information Flag this as personal information
Wife and children of deceased E would collectively get one part. The legal heirs specified in Class II will get the estate of the deceased only if there is no relative in Class 1.

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