West Virginia
For West Virginia, statute is §9-5-9; condition on the parent is an indigent person; ability-to-pay qualifier is who are of sufficient ability; civil or criminal is civil; who may bring the action is The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable, recorded from its source on 2026-08-31.
- State
- West Virginia our reading
- Statute
- §9-5-9
- Who owes the duty
- The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order: (1) The spouse. (2) The children. (3) The parents. (4) The brothers and sisters. verified
- Condition on the parent
- an indigent person verified
- Ability-to-pay qualifier
- who are of sufficient ability verified
- Civil or criminal
- civil our reading
- Who may bring the action
- The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable. verified
- Defences in the statute
- The liability of the relative of an indigent person for funeral service expenses is limited to the amount paid by the department. verified
- Limited to public assistance cases
- public assistance only our reading
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
(d) The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order: (1) The spouse. (2) The children. (3) The parents. (4) The brothers and sisters. (e) The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable.
— code.wvlegislature.gov, retrieved 2026-08-31
Where each value comes from
This source states these in separate places, so each value is shown with the passage that states it.
Who owes the duty and Condition on the parent
(d) The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order: (1) The spouse. (2) The children. (3) The parents. (4) The brothers and sisters.
Ability-to-pay qualifier
The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order
Civil or criminal and Who may bring the action
(e) The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable.
Defences in the statute
(g) The liability of the relative of an indigent person for funeral service expenses is limited to the amount paid by the department.
Limited to public assistance cases
(b) The Department of Health shall pay for direct cremation or direct burial for indigent persons in an amount not to exceed the actual cost of the direct cremation or direct burial service provided, or $1,000 whichever is less. (c) Prior to paying for direct cremation or direct burial, the department shall determine the financial assets of a deceased person and whether or not the deceased’s estate or any of his or her relatives who are liable for the direct cremation or direct burial expenses pursuant to subsection (d) of this section is financially able to pay
— all from code.wvlegislature.gov, retrieved 2026-08-31
Source
- code.wvlegislature.govhttps://code.wvlegislature.gov/9-5-9/