West Virginia Code § 44-8-3

Real estate to be assets for payment of debts
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All real estate of any person who may hereafter die, as to which he may die intestate, or
which, though he die testate, shall not by his will be charged with or devised subject to the
payment of his debts, or which may remain after satisfying the debts with which it may be so
charged, or subject to which it may be so devised, shall be assets for the payment of the
decedent's debts and all lawful demands against his estate, in the order in wehich the
personal estate of a decedent is directed to be applied.

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