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West Virginia Probate and Intestate Succession: What Happens Without a Will (2026)

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 7 primary sources cited on this page. How we verify our legal content

West Virginia Probate and Intestate Succession: What Happens Without a Will (2026)

Updates

Corrected the statutes cited for West Virginia's fiduciary supervisor and fiduciary commissioner offices, and clarified that a will contest is normally filed in circuit court within six months rather than heard by the county commission.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the citation for the County Commission's probate jurisdiction. W. Va. Code 44-1-1 addresses only an executor's lack of authority before qualifying, and 42-1-2 governs intestate succession to heirs, not court jurisdiction; the actual jurisdictional grant (county commissions have original jurisdiction over all probate matters, appointment of personal representatives, and settlement of accounts) is W. Va. Code 7-1-3. The underlying legal claim, that West Virginia has no separate probate court and the County Commission performs that role, was already correct; only the citation was wrong.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. West Virginia Code § 42-1-2, Persons entitled to take under intestate succession(code.wvlegislature.gov).gov
  2. West Virginia Code § 42-1-3, Share of surviving spouse(code.wvlegislature.gov).gov
  3. West Virginia Code § 42-1-3B, Requirement that heir survive decedent for 120 hours(code.wvlegislature.gov).gov
  4. West Virginia Code § 44-1A-1, Short title and purpose (West Virginia Small Estate Act)(code.wvlegislature.gov).gov
  5. West Virginia Code § 44-1A-2, Definitions and small estate affidavit procedure(code.wvlegislature.gov).gov
  6. West Virginia Code § 44-3A-2, Fiduciary Supervisor duties(code.wvlegislature.gov).gov
  7. Kanawha County, West Virginia, Fiduciary & Probate Department(kanawha.us).gov
  8. Cornell Law School, Legal Information Institute, "Intestate Succession"(law.cornell.edu)
  9. West Virginia Code § 44-3-1, Fiduciary commissioners(code.wvlegislature.gov)
  10. West Virginia Code § 44-1-14A, Notice of administration of estate; deadlines for objections and claims(code.wvlegislature.gov)
  11. West Virginia Code § 41-5-11, Impeachment or establishment of will by person who was not party to prior proceeding; trial by jury(code.wvlegislature.gov)
  12. West Virginia Code § 41-5-5, Procedure for probate in solemn form(code.wvlegislature.gov)
  13. West Virginia Code § 41-5-7, Appeal from probate order; when to be taken; procedure(code.wvlegislature.gov)
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