West Virginia § 42-1-3 Share of spouse

West Virginia Statutes

§ 42-1-3 — Share of spouse

West Virginia·Ch. 42 DESCENT AND DISTRIBUTION·Art. 1 DESCENT

The intestate share of a decedent's surviving spouse is:

(a)The entire intestate estate if:

(1)No descendant of the decedent survives the decedent; or

(2)All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(b)Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(c)One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

Free access — add to your briefcase to read the full text and ask questions with AI

The intestate share of a decedent's surviving spouse is:

(a) The entire intestate estate if:

(1) No descendant of the decedent survives the decedent; or

(2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(b) Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

West Virginia § 42-1-3 (Share of spouse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.