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WV Code § 41-5-14 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-14. When Depositions Admissible

The deposition of an attesting witness or other person may be read on the hearing of any proceeding to probate a will, when under the facts and circumstances the deposition of the witness would have been admissible on the trial of an action at law in the circuit court. In any proceeding in which there is no contest, the deposition may be taken at any time after the will is offered for probate, and without notice to any person. Any such deposition may be in the form of an affidavit. In any case in which there is a contest, depositions may be taken at any time after the service of process upon the notice of contest, and after notice to all parties adversely interested as prescribed for the taking of depositions in actions at law, and the depositions shall be taken and certified and returned as required in other cases. In any case in which the deposition of an attesting witness is required, the clerk of the county court shall transmit the original will by some safe method of conveyance to an officer authorized to take depositions at the place where the deposition is to be taken. A copy of the will shall be made and filed by the clerk in his office before the original is sent out for the purpose of taking depositions. In any case, with the consent of all parties appearing, or of their counsel, a photostatic copy of the original will may be used in taking the deposition of an attesting witness instead of the original document. Any party may have compulsory process to compel the attendance of a witness as in any suit in the circuit court. In any proceeding to probate or record an authenticated copy of a will that has been probated in another jurisdiction, depositions may be taken as in an original proceeding to probate.
WV Code § 41-5-15 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-15. Proof of Will While Testator Living

Any or all of the attesting witnesses to any will, at the request of the testator, may make and subscribe an affidavit before any officer authorized to administer oaths, in or out of the state, stating such facts as would be required of them in testimony in court to establish and prove the will; and if the testator shall preserve such affidavits with the will, and the same are produced and offered in evidence when the will is offered for probate, they shall be admissible in evidence and have the same probative value as if the affiants had appeared in court or before the clerk thereof and testified to the facts stated in the affidavit: Provided, That such affidavits shall not be admissible in evidence in any case in which there is a contest over the will.
WV Code § 41-5-16 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-16. Statements of Particulars in Will Contests

For the trial of any appeal under the provisions of sections seven and ten of this article, or for the trial of any issues to be submitted to a jury under the provisions of sections eight and eleven of this article, if good cause therefor be shown, and there be no unreasonable delay in applying for such order, the circuit court, or judge thereof in vacation, may order the contestants to file a particular statement of the facts expected to be proved by them at the trial, and may stay the proceedings until a reasonable time after such order is complied with; and in like manner after the contestants have filed such statement, if good cause therefor appear, and there be no unreasonable delay in applying for such order, such court, or judge thereof in vacation, may order the proponents of the will to file a particular statement of the facts expected to be proved by them at the trial; which statement, in either case, shall be made under the oath of the parties or their attorneys to the effect that the affiants believe the same will be supported by evidence at the trial. If either the contestants or the proponents fail to file any such statement when so required, or if any such statement after the same has been filed be adjudged insufficient in whole or in part, the court, or the judge thereof in vacation, may, as justice may require, grant further time for filing same, or permit the statement filed to be amended, or may, at the trial, exclude the evidence offered by the party in default as to any matter which he has so failed to state or has insufficiently stated. But no statement which is sufficient to inform the adverse parties of the nature and substance of the facts to be shown against or in support of the will shall be adjudged insufficient; nor shall any such statement in any manner affect the burden or order of proof imposed by law on the parties.
WV Code § 41-5-17 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-17. Probated Wills to Be Recorded and Indexed

Every will or authenticated copy of a will, when admitted to probate under the provisions of this article, shall be recorded by the clerk of the county court, and indexed by him in a general index of wills, and every such will or copy when recorded shall remain in his office except when removed therefrom by the order of a court, or under a subpoena duces tecum, or otherwise as provided by law.
WV Code § 41-5-18 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-18. Recording in Other Counties; Duty of Personal Representative or Devisee

A duly certified copy of such will when probated, or of an authenticated copy of a foreign will admitted to record as a will of real estate, may be recorded in any other county of the state wherein there is any real estate devised by such will. It is the duty of the personal representative of the testator to record an authenticated copy of such will in each county in which any real estate is located of which the personal representative under the powers conferred by the will may make sale and disposition, and the duty of the devisee or devisees, claiming title under the will to any real estate of which the personal representative may not by the powers conferred in the will make sale and disposition, to cause such copy to be recorded in each county in which any such real estate is located.
WV Code § 41-5-19 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-19. Title of Bona Fide Purchasers of Real Estate From Heirs

The title of a bona fide purchaser without notice and for valuable consideration from the heir or heirs at law of a person who has died heretofore, or who may die hereafter, having title to any real estate of inheritance in this state, shall not be affected by a devise of such real estate made by the decedent, unless within one year after the testator's death the will devising the same, or if such will has been probated without this state, an authenticated copy thereof, shall be filed for probate before the court having jurisdiction for that purpose, or the clerk thereof, and shall afterwards be admitted to probate as a will of real estate and be recorded in the proper clerk's office: Provided, however, That if any devisee under such will mentioned in this section is at the time of the testator's death an infant, or insane, or a convict, the limitation created by this section shall not affect such infant, insane person or convict until after the expiration of one year from the removal of such disability.
WV Code § 41-5-20 (2021)
2021 West Virginia Code|Chapter 41. Wills|Article 5. Production, Probate and Record of Wills|§41-5-20. Title to Real Estate Devised by Wills; Rights of Devisees and Bona Fide Purchasers

The title of a bona fide purchaser of real estate, without notice and for valuable consideration, from the devisee or devisees of a testator, a will of whom has been duly admitted to probate devising such real estate, shall not be affected or impaired by any devise or other disposition of any such real estate by the testator by or in any other will or wills executed by him subsequent to the instrument already admitted to probate as his last will and testament, unless any such subsequently executed will (or if any such will has been probated without the state, an authenticated copy thereof) shall be filed for probate in the court having jurisdiction for that purpose, or with the clerk thereof, within one year next after the testator's death and shall afterwards be admitted to probate as the will of such real estate and entered of record in the proper clerk's office: Provided, however, That if any devisee under any such subsequently executed will is at the time of the testator's death an infant, or insane, or a convict, the limitation created by this section shall not affect the rights of any such infant, insane person or convict until after the expiration of one year from the removal of such disability.
WV Code § 42-1-2 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-2. Intestate Estate

(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will.(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.
WV Code § 42-1-3 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3. Share of Spouse

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.
WV Code § 42-1-3a (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3a. Share of Heirs Other Than Surviving Spouse

Any part of the intestate estate not passing to the decedent's surviving spouse under section three of this article, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:(a) To the decedent's descendants by representation;(b) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;(c) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;(d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but, if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
WV Code § 42-1-3b (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours

An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent's heirs are determined accordingly. If the time of death of a decedent or of an individual who would otherwise be an heir, or the times of death of both, cannot be determined, and it is not established that the individual who would otherwise be an heir survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under section three-c of this article.
WV Code § 42-1-3c (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3c. No Taker

If there is no taker under the provisions of this article, the intestate estate passes to the state. Any real property shall pass to the State Auditor. Any personal property shall pass to the State Treasurer for disposition by public sale in accordance with the provisions of section twelve, article eight, chapter thirty-six of this code. The proceeds of the sale of any such real property shall be deposited to the credit of the general school fund. The proceeds of the sale of any such personal property shall be deposited to the credit of the General Revenue Fund.
WV Code § 42-1-3d (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3d. Representation

(a) In this section:(1) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section three-b of this article.(2) "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section three-b of this article.(b) If, under section three-a of this article, a decedent's intestate estate or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are: (i) Surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.(c) If, under section three-a of this article, a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are: (i) Surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allotted a share and their surviving descendants had predeceased the decedent.
WV Code § 42-1-3e (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3e. Kindred of Half Blood

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
WV Code § 42-1-3f (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3f. Afterborn Heirs

An individual in gestation at a particular time is treated as living at that time if the individual lives one hundred twenty hours or more after birth.
WV Code § 42-1-3g (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-3g. Advancements

(a) If an individual dies intestate as to all or a portion of his or her estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement or (ii) the decedent's contemporaneous writing or the heir's written acknowledgement otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.(b) For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.(c) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
WV Code § 42-1-4 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-4. Alienage

No individual is disqualified to take as an heir because the individual or an individual through whom he or she claims is or has been an alien.
WV Code § 42-1-5 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-5. From Whom Children Born Out of Wedlock Inherit

(a) Children born out of wedlock shall be capable of inheriting and transmitting inheritance on the part of their mother and father.(b) Prior to the death of the father, paternity shall be established by:(1) Acknowledgment that he is the child's father;(2) Adjudication on the merits pursuant to the provisions of article twenty-four, chapter forty-eight of this code; or(3) By order of a court of competent jurisdiction issued in another state.(c) After the death of the father, paternity shall be established if, after a hearing on the merits, the court shall find, by clear and convincing evidence, that the man is the father of the child. The civil action shall be filed in the family court of the county where the administration of the decedent's estate has been filed or could be filed:(1) Within six months of the date of the final order of the county commission admitting the decedent's will to probate or commencing intestate administration of the estate; or(2) If none of the above apply, within six months from the date of decedent's death.(d) Any putative child who at the time of the decedent's death is under the age of eighteen years, a convict or a mentally incapacitated person may file such civil action within six months after he or she becomes of age or the disability ceases.(e) The provisions of this section do not apply where the putative child has been lawfully adopted by another man and stands to inherit property or assets through his adopted father.(f) The provisions of this section do not apply where the father or putative father has expressly disinherited the child in a provision of his will.
WV Code § 42-1-6 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-6. Legitimation by Marriage

If a man, having had a child or children by a woman, shall afterwards intermarry with her, such child or children, or their descendants, shall be deemed legitimate.
WV Code § 42-1-7 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-7. Issue Legitimate Though Marriage Null

The issue of marriages deemed null in law, or dissolved by a court, shall nevertheless be legitimate.
WV Code § 42-1-8 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-8. Posthumous Children to Take

Any child in the womb of its mother at, and which may be born after, the death of the intestate, shall be capable of taking by inheritance in the same manner as if such child were in being at the time of such death.
WV Code § 42-1-10 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-10. Individuals Related to Decedent Through Two Lines

An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
WV Code § 42-1-11 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-11. When a Parent May Not Inherit From a Child

(a) A parent is barred from inheriting from or through a child of the parent if: (1) The parents parental rights were terminated by court order and the parent-child relationship has not been judicially reestablished; or (2) the child died before reaching 18 years of age and there is clear and convincing evidence that immediately before the childs death the parental rights of the parent could have been terminated under the law of this state other than this article on the basis of nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child. (b) For the purpose of intestate succession from or through the deceased child, a parent who is barred from inheriting under this section is treated as if the parent predeceased the child.
WV Code § 42-1-12 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 1. Descent|§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance

If a parent is barred from inheriting under the provisions of W.Va. Code §42-1-11, the child may still inherit from or through the barred parent as long as a parent-child relationship does not exist between the child as an adoptee with another person as the adoptees adoptive parent.
WV Code § 42-2-1 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 2. Distribution|§42-2-1. To 42-2-2

Repealed.Acts, 1992 Reg. Sess., Ch. 75.