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WV Code § 42-3-1 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 3. Provisions Relating to Husband or Wife of Decedent|§42-3-1. Right to Elective Share

(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, against either the will or the intestate share, under the limitations and conditions stated in this part, to take the elective-share percentage of the augmented estate, determined by the length of time the spouse and the decedent were married to each other, in accordance with the following schedule:If the decedent and the spouse The elective-sharewere married to each other percentage is: Less than 1 year Supplemental Amount Only 1 year but less than 2 years 3% of the augmented estate. 2 years but less than 3 years 6% of the augmented estate. 3 years but less than 4 years 9% of the augmented estate. 4 years but less than 5 years 12% of the augmented estate. 5 years but less than 6 years 15% of the augmented estate. 6 years but less than 7 years 18% of the augmented estate. 7 years but less than 8 years 21% of the augmented estate. 8 years but less than 9 years 24% of the augmented estate. 9 years but less than 10 years27% of the augmented estate.10 years but less than 11 years30% of the augmented estate.11 years but less than 12 years34% of the augmented estate.12 years but less than 13 years38% of the augmented estate.13 years but less than 14 years42% of the augmented estate.14 years but less than 15 years46% of the augmented estate.15 years or more50% of the augmented estate.(b) If the sum of the amounts described in subdivisions (3) and (4), subsection (b), section two of this article, and subdivisions (1) and (3), subsection (a), section six of this article, and that part of the elective-share amount payable from the decedent's probate and reclaimable estates under subsections (b) and (c), section six of this article, is less than $25,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $25,000, minus the sum of the amounts described in said sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's reclaimable estate in the order of priority set forth in subsections (b) and (c), section six of this article.(c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent's domicile at death.
WV Code § 42-3-3 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 3. Provisions Relating to Husband or Wife of Decedent|§42-3-3. Right of Election Personal to Surviving Spouse

(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under subsection (a), section four of this article. If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by his or her conservator, guardian, or agent under the authority of a power of attorney.(b) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court must set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's reclaimable estate under subsections (b) and (c), section six of this article and must appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee must administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:(1) Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse and benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse must qualify on the basis of need;(2) During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust; but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust, by delivering to the trustee a writing signed by the surviving spouse declaring the termination;(3) Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property under the residuary clause, if any, of the will of the predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the surviving spouse, or, if there was no residuary clause or no will of that predeceased spouse, to the persons and in such shares as would succeed to that predeceased spouse's intestate estate as if that predeceased spouse died immediately after the surviving spouse.
WV Code § 42-3-3a (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 3. Provisions Relating to Husband or Wife of Decedent|§42-3-3a. Waiver of Right to Elect; Other Rights

(a) The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.(b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:(1) He or she did not execute the waiver voluntarily; or(2) The waiver was unconscionable when it was executed and, before execution of the waiver, he or she:(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.(c) An issue of unconscionability of a waiver is for decision by the court as a matter of law.(d) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share by each spouse in the property of the other and renunciation by each of all benefits that would otherwise pass to him or her from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
WV Code § 42-3-7 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 3. Provisions Relating to Husband or Wife of Decedent|§42-3-7. Entitlement of Spouse; Premarital Will

(a) If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised or passes to a descendant of such a child, unless:(1) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;(2) The will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or(3) The testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.(b) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift to a descendant of such a child, abate.
WV Code § 42-4-2 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 4. General Provisions|§42-4-2. Homicide Bars Acquisition of Estate or Insurance Money

(a) A person who has been convicted of feloniously killing another, or of conspiracy in the killing of another, may not take or acquire any money or property, real or personal, or interest in the money or property, from the one killed or conspired against, either by descent and distribution, or by will, or by any policy or certificate of insurance, or otherwise; but the money or the property to which the convicted person would otherwise have been entitled shall go to the person or persons who would have taken the money or property if the convicted person had been dead at the date of the death of the one killed or conspired against, unless by some rule of law or equity the money or the property would pass to some other person or persons.(b) A person who has been convicted of an offense causing the death of an incapacitated adult set forth in section twenty-nine-a, article two, chapter sixty-one of this code, or convicted of a similar provision of law of another state or the United States, may not take or acquire any money or property, real or personal, or interest in the money or property, from the victim decedent, either by descent and distribution, or by will, or by any policy or certificate of insurance, or otherwise; but the money or the property to which the convicted person would otherwise have been entitled shall go to the person or persons who would have taken the money or property if the convicted person had been dead at the date of the death of the decedent, unless by law the money or the property would pass to some other person or persons.(c) A person who has been convicted of an offense of abuse or neglect of an incapacitated adult pursuant to section twenty-nine, article two, chapter sixty-one of this code, a felony offense of financial exploitation of an elderly person, protected person or incapacitated adult pursuant to section twenty-nine–b, article two, chapter sixty-one of this code, or convicted of a similar provision of law of another state or the United States, may not take or acquire any money or property, real or personal, or any interest in the money or property, from the victim of the offense, either by descent and distribution, or by will, or by any policy or certificate of insurance, or otherwise. The money or the property to which the convicted person would otherwise have been entitled shall go to the person or persons who would have taken the money or property if the convicted person had been dead at the date of the death of the victim, unless by law the money or the property would pass to some other person or persons. This subsection does not apply if, after the conviction, the victim of the offense, if competent, executes a recordable instrument, sworn to, notarized and witnessed by two persons that would be competent witnesses to a will of the victim, expresses a specific intent to allow the convicted person to inherit or otherwise receive the money, estate or other property of the victim of the offense.
WV Code § 42-5-1 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-1. No Sufficient Evidence of Survivorship

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this article.
WV Code § 42-5-2 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-2. Beneficiaries of Another Person's Disposition of Property

Where two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
WV Code § 42-5-3 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-3. Joint Tenants or Tenants by the Entirety

Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
WV Code § 42-5-4 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-4. Insurance Policies

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
WV Code § 42-5-5 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-5. Article Not Retroactive

This article shall not apply to the distribution of the property of a person who has died before it takes effect.
WV Code § 42-5-6 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-6. Article Does Not Apply if Decedent Provides Otherwise

This article shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this article.
WV Code § 42-5-7 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-7. Uniformity of Interpretation

This article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
WV Code § 42-5-8 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-8. Short Title

This article may be cited as the Uniform Simultaneous Death Act.
WV Code § 42-5-9 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-9. Repeal of Inconsistent Laws

All laws or parts of laws inconsistent with the provisions of this article are hereby repealed.
WV Code § 42-5-10 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 5. Uniform Simultaneous Death Act|§42-5-10. Severability

If any of the provisions of this article or the application thereof to any persons or circumstances is held invalid such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to be severable.
WV Code § 42-6-1 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-1. Short Title

This article may be cited as the "Uniform Disclaimer of Property Interests Act".
WV Code § 42-6-2 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-2. Definitions

In this article:(1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.(2) "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.(3) "Disclaimer" means the refusal to accept an interest in or power over property.(4) "Fiduciary" means a personal representative, trustee, agent acting under a power of attorney or other person authorized to act as a fiduciary with respect to the property of another person.(5) "Jointly held property with right of survivorship" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency or instrumentality; public corporation or any other legal or commercial entity.(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.(8) "Trust" means:(A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and(B) A trust created pursuant to a statute, judgment or decree which requires the trust to be administered in the manner of an express trust.
WV Code § 42-6-3 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-3. Scope

This article applies to disclaimers of any interest in or power over property whenever created.
WV Code § 42-6-4 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-4. Article Supplemented by Other Law

(a) Unless displaced by a provision of this article, the principles of law and equity supplement this article.(b) This article does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this article.
WV Code § 42-6-5 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-5. Power to Disclaim; General Requirements; When Irrevocable

(a) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.(b) Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute of this state or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.(c) To be effective, a disclaimer must be in writing, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, be acknowledged in such a manner as would authorize a deed to be admitted of record and be delivered or filed in the manner provided in section twelve of this article.(d) A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or any other interest or estate in the property.(e) A disclaimer becomes irrevocable when it is delivered, filed or recorded pursuant to the provisions of section twelve of this article or when it becomes effective as provided in sections six through eleven, inclusive, of this article, whichever occurs later.(f) A disclaimer made under this article is not a transfer, assignment or release and relates back for all purposes to the time the disclaimer takes effect pursuant to the provisions of section six of this article.
WV Code § 42-6-6 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-6. Disclaimer of Interest Property

(a) In this section:(1) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.(2) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.(b) Except for a disclaimer governed by section seven or eight of this article, the following rules apply to a disclaimer of an interest in property:(1) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate's death.(2) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.(3) If the instrument does not contain a provision described in subdivision (2) of this subsection, the following rules apply:(A) If the disclaimant is an individual, the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution. However, if, by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.(B) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.(4) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
WV Code § 42-6-7 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-7. Disclaimer of Right of Survivorship in Jointly Held Property With Right of Survivorship

(a) Upon the death of a holder of jointly held property with right of survivorship, a surviving holder may disclaim, in whole or part, the greater of:(1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or(2) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.(b) A disclaimer under subsection (a) of this section takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.(c) An interest in jointly held property with right of survivorship disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
WV Code § 42-6-8 (2021)
2021 West Virginia Code|Chapter 42. Descent and Distribution|Article 6. Uniform Disclaimer of Property Interests Act|§42-6-8. Disclaimer of Interest by Trustee

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.