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Who is considered next of kin in WV?

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.

How long does an heir have to claim their inheritance in WV?

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.

How do I get a copy of a will in West Virginia?

Call the county clerks office in the county where you believe the document will be probated and ask if a will has been filed. You may have to wait 30 days or more before the will is filed. Go the the clerks office where the will has been filed and ask to see a copy.

Are Wills recorded in WV?

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).

How does heirship work in WV?

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.

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