Intestate Inheritance Rights for Adopted Children - West Virginia

Birth Parents in Relation to Adopted Person

Citation: Ann. Code § 48-22-703

Upon the entry of the final adoption decree, the birth parents shall be divested of all legal rights, including the right of inheritance from or through the adopted child.

Such child shall not inherit from any person entitled to parental rights prior to the adoption or their kindred, except that a child legally adopted by a husband or wife of a person entitled to parental rights prior to the adoption shall inherit from such person as well as from the adopting parent.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Code § 48-22-703

From and after the entry of the order of adoption, a legally adopted child shall inherit from and through the parent(s) by adoption and their kindred.

If the adopted person dies intestate, all property, including real and personal, of such adopted person shall pass to the adopting parent(s).

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Code §§ 41-4-1

If any person dies leaving a child, and his or her will was made when he or she had no child living, and any child he or she might have is not provided for or mentioned, such child, or any descendant of the child, shall inherit such portion of the testator's estate as he or she would have been entitled to if the testator had died intestate.

If a will is made when a testator has a living child, and another child is born afterwards, the after-born child or any his or her descendants, if not provided for by any settlement, and neither provided for nor expressly excluded by the will, but only pretermitted, shall succeed to such portion of the testator's estate as he or she would have been entitled to if the testator had died intestate. But if an after-born child or descendant dies while younger than age 18, unmarried and without issue, his or her portion of the estate, or as much as may remain unexpended in his or her support and education, shall revert to the person or persons to whom it was given by the will.