Property Ownership
A West Virginia property owner dies without a will. Their property passes by:
AProbate to the WVREC for disposition
BIntestate succession (descent and distribution) according to WV law✓ Correct
CEscheat to the state immediately
DTransfer to the surviving spouse regardless of circumstances
Explanation
When a West Virginia property owner dies intestate (without a will), their property passes according to the state's intestate succession laws (descent and distribution statutes), which determine heirs based on their relationship to the deceased.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
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