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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).
If only one parent is living, that parent will inherit the entire estate. If no parents are living, the persons siblings or their descendants will inherit the estate. And finally, if no relatives are found, the estate property will become the property of the state of West Virginia.
It must be within six months of the date of the final order of the county commission admitting the decedents will to probate or commencing intestate administration of the estate. If neither of those apply then it within six months from the date of decedents death.
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 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.
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In most states, a spouse who has not agreed to be disinherited can take legal action against a decedent who disinherited them in a will or trust. Also, disinherited children can take legal action, especially if they can show the decedent disinherited them due to undue influence, duress, or lack of mental capacity.
There is no requirement for a will to be docHubd in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be docHubd (W. Va. Code 41-5-15).
If compensation is not specified in the will, West Virginia sets the executor fee as a percentage of the estates assets (other than real estate) and any income generated by the estate: 5.0% for the first $100K. 4.0% for the next $300K. 3.0% for the next $400K.
DISINHERITING A CHILD OF THE TESTATOR A child generally has no right under West Virginia law to inherit from a parent. If a child is born or adopted after a will is signed and is not provided for by the will, that child may be entitled to a pretermitted childs share (W. Va. Code 41-4-1).
West Virginia does permit handwritten wills (West Virginia Code 41-1-3), but they are usually not a good idea. To finalize your will in West Virginia: you must sign your will in front of two witnesses, and. your witnesses must sign your will in front of you and each other.

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