West Virginia Code Chapter 42. Descent and Distribution § 42-1-3. Share of spouse

(a) The entire intestate estate if:

(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.