Real Estate Inheritance Guide

Summary

In West Virginia, if the deceased had a will, the property goes to the named person. Without a will, it follows WVs intestacy laws. Property title (joint tenants with right of survivorship or tenants in common) affects inheritance. Check the deed at the local county recorders office, often in the courthouse.

Full Conversation

I have a question about real estate inheritance
Hello ****, I'd be happy to provide some general information on real estate inheritance. Could you please tell me which country or state this real estate is located in?
West Virginia, USA
Hello ****, In West Virginia:
- If the deceased had a will, the property will go to the person named in the will.
- If there wasn't a will, the property will be distributed according to WV's intestacy laws.
- Real estate usually goes through probate in WV.
- Taxes may apply depending on the property's value.
Ok my question is that my aunt and uncle that are siblings are both on the deed, my uncle passed away and didnt have a will, Will the property go to my aunt or will my uncles half go to the rest of the siblings
Hello ****, in West Virginia, if property is held as "joint tenants with right of survivorship", the surviving co-owner usually inherits the deceased co-owner's share. However, if the property is held as "tenants in common", the deceased co-owner's share could be distributed to his/her heirs. So, it depends on how the property was titled.
Ok and where could I find out how it was titled? Can I go to the local court house?
Yes, ****. You can find out how the property was titled by checking the deed at your local county recorder's office. In West Virginia, this is often located in the local courthouse.
Thank you so much
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Wishing you the best with your situation.