Estate Law · West Virginia
West Virginia estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for West Virginia residents.
- West Virginia intestacy gives the spouse the entire estate when descendants are mutualWV intestacy: spouse takes entire estate with mutual descendants; three-fifths with prior-relationship descendants. UPC framework with WV-specific fractions.
- West Virginia recognizes attested wills and holographic willsWV will requires testator's signature and two competent witnesses. Holographic wills entirely in testator's handwriting are also recognized.
- West Virginia small estate procedures handle estates up to $100,000WV small estate administration handles personal property up to $100,000. Streamlined procedure with reduced filing requirements.
- West Virginia's Uniform Power of Attorney Act provides default-durable POAsWV POAs are durable by default under the Uniform Power of Attorney Act (2012). Hot powers require express enumeration. Healthcare directive separate.
- West Virginia elective share scales with marriage length up to 50% of augmented estateWV elective share scales with marriage length: 3% under 1 year up to 50% at 15+ years. Augmented estate framework similar to NC, VA, KS.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed West Virginia attorney.