The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.
West Virginia Survivorship Affidavit
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How to fill out Survivorship Affidavit?
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In West Virginia, if you are married and die without a valid will, what your spouse inherits depends on whether or not you have living descendants. Descendants include children, grandchildren, and great-grandchildren. If you have no living descendants, your spouse will inherit all of your intestate property.
§36-12-5. An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.
If a person does not have any children, all of the assets pass to the spouse. If the person does not have a spouse or children, the assets pass to the decedent's parents.
Spouses in West Virginia Inheritance Law If you have no living descendants, your spouse will inherit all of your intestate property. Your spouse will also inherit all of your intestate property if the only descendants either of you have are from your relationship with your spouse.
The West Virginia court concluded in that case by saying: "True in this state as in Virginia the right of survivorship at common law is abolished by statute, but this is not so, if the deed, or as here, the will, expressly limits the estate granted to the survivor.
(a) Notwithstanding any provisions of this code to the contrary, the small estate of a decedent who dies domiciled in this state may be administered upon affidavit and without the appointment of a personal representative, and the small assets of the decedent may be paid or delivered to the authorized successor as ...
- A surviving spouse shall be allowed one additional exemption of two thousand dollars ($2,000) for each of the two (2) taxable years which follow the year in which the death of the spouse occurred.
The Spouse's Share in West Virginia In West Virginia, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.
