West Virginia § 42-1-3 Share of spouse

West Virginia Statutes

§ 42-1-3 — Share of spouse

West Virginia § 42-1-3

Ch. 42DESCENT AND DISTRIBUTION

Art. 1DESCENT

This text of West Virginia § 42-1-3 (Share of spouse) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 42-1-3 (2026).

Text

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.

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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.