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
(2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;
(b) Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
(c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
Structure West Virginia Code
Chapter 42. Descent and Distribution
§42-1-3a. Share of Heirs Other Than Surviving Spouse
§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours
§42-1-3e. Kindred of Half Blood
§42-1-5. From Whom Children Born Out of Wedlock Inherit
§42-1-6. Legitimation by Marriage
§42-1-7. Issue Legitimate Though Marriage Null
§42-1-8. Posthumous Children to Take
§42-1-9. Establishment and Recordation of Descent
§42-1-10. Individuals Related to Decedent Through Two Lines
§42-1-11. When a Parent May Not Inherit From a Child
§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance