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'W. Va. Code 41-3-3 [1923] provides that the heirs at law of a devisee or legatee who dies before the testator take such property as the joint devisee or legatee would have taken if he had survived the testator, unless a different disposition thereof be made or required by the will.
An·?ti-lapse statute. ?an-?t?-?laps-, ?an-t?- : a statute providing that in the event a person who would have received a gift under a will dies before the person who made the will dies then the gift is distributed to the heirs of the person who would have received the gift compare lapse.
There two ways to close the estate: (1) final settlement; or (2) waiver of final settlement. Generally, you must close the estate within 5 years of starting the probate process. W. Va.
Code § 41-1-3.) If the testator is physically capable of signing the will, the testator should sign the will.
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.
Generally, a will contest must be filed within six months from the date of the probate order of the county commission.