Can children of a deceased parent have a say in estate matters with no will and living spouse?

Question

I would like to know if children of a deceased parent can have a say in matters concerning their parent's estate when the spouse is still living and there is no will. There are multiple children involved, and I am particularly interested in understanding their rights in estate management or asset distribution.

James L. Arrasmith · Answer

You're asking a really important question, and it's one that many families face after losing a parent. In West Virginia, when someone dies without a will (intestate), the state's laws decide how their assets are divided. If the deceased had a surviving spouse and children from that same marriage, the spouse usually inherits everything. However, if there are children from a different relationship, the surviving spouse and the children would share the estate. 
 
Even if the surviving spouse receives the majority, the children still have legal rights in many cases—especially if they are entitled to a portion of the estate under intestacy laws. That also means they may have a voice in the probate process, including who is appointed as the estate administrator and how assets are distributed. If no will exists, the court will name an administrator, and children can petition to be involved or even serve in that role, depending on the situation. 
 
It’s not just about who gets what, but about making sure everything is handled fairly and legally. If you or your siblings feel left out of decisions or are unsure what's happening with your parent’s estate, you absolutely have the right to ask questions and request involvement through the court. Staying informed and involved helps protect your family's interests.

Q: Can children of a deceased parent have a say in estate matters with no will and living spouse?