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Home » US Law » 2022 West Virginia Code » Chapter 42. Descent and Distribution » Article 3. Provisions Relating to Husband or Wife of Decedent » §42-3-6. Charging Spouse With Owned Assets and Gifts Received; Liability of Others for Balance of Elective Share

(a) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's reclaimable estate:

(1) Amounts included in the augmented estate which pass or have passed to the surviving spouse by testate or intestate succession;