Legal Question in Wills and Trusts in West Virginia
estate law
if there are no beneficiaries named, does the estate go to the executor?
1 Answer from Attorneys
Re: estate law
Beneficiaries is a term used to describe who is designated to take personal property or cash distribution in a will. Your question implies the existence of a will. In the event there are no named beneficiaries or residuary clause to make the distribution, the estate is paid according to the rule of intestate succession. That is, the same distribution as would be made without a will. The rules are somewhat complex but favor first the surviving spouse and children of the deceased, and if none, the parents, if none, the grandparents, and if none the brothers and sisters, etc. etc. Any lawyer who deals with probate matters could advise of the distribution with knowledge of all the relevant specific facts. If an estate is referred to a fiduciary commissioner, he/she will be able to advise the personal representative.