§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.
§42-1-9. Establishment and Recordation of Descent
Where any person having title to an estate of inheritance in real estate within this state has died intestate, or testate, without having devised his real estate, his heirs, or any of them, or any person deriving title from or through such heirs, or any of them, may at any time within twenty years after […]
§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.
§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 […]
§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.
§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;
§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.
§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.
§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 […]
§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