How to Make a Valid Will in West Virginia
What West Virginia law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. W. Va. Code § 41-1-2; § 41-1-3
| Requirements for a valid will | Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. Unless the will is entirely in the testator's handwriting, the testator must sign or acknowledge the will in the presence of at least two competent witnesses present at the same time, and the witnesses must sign in the presence of the testator and of each other. No particular attestation wording is required. Source: W. Va. Code § 41-1-2; § 41-1-3 |
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| Handwritten (holographic) wills | Yes. A will that is wholly in the testator's handwriting and signed by the testator does not need witnesses. Source: W. Va. Code § 41-1-3 |
| Self-proving affidavit | West Virginia allows witness affidavits made while the testator is living. At the testator's request, the attesting witnesses may sign affidavits before any officer authorized to administer oaths, in or out of state, stating the facts they would testify to in court to prove the will. If the testator keeps the affidavits with the will, they are admissible at probate with the same effect as live testimony, except in a will contest. Source: W. Va. Code § 41-5-15 |
More West Virginia estate law
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- Small Estate Affidavit in West Virginia
- Power of Attorney in West Virginia
- Quitclaim Deeds and Transferring Property in West Virginia
- Who Inherits If You Die Without a Will in West Virginia
- How Probate Works in West Virginia
- Living Wills and Advance Directives in West Virginia
- Revocable Living Trusts in West Virginia
- Executor Duties in West Virginia
- Letters Testamentary in West Virginia
- Affidavit of Heirship in West Virginia
- How to Avoid Probate in West Virginia
- Transferring a Car After Someone Dies in West Virginia
- All West Virginia wills, probate and estate rules
FAQ
What makes a will valid in West Virginia?
Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's presence and at the testator's direction) in a way that shows the name is meant as a signature. Unless the will is entirely in the testator's handwriting, the testator must sign or acknowledge the will in the presence of at least two competent witnesses present at the same time, and the witnesses must sign in the presence of the testator and of each other. No particular attestation wording is required.
Is a handwritten will valid in West Virginia?
Yes. A will that is wholly in the testator's handwriting and signed by the testator does not need witnesses.
Does a will need to be notarized in West Virginia?
West Virginia allows witness affidavits made while the testator is living. At the testator's request, the attesting witnesses may sign affidavits before any officer authorized to administer oaths, in or out of state, stating the facts they would testify to in court to prove the will. If the testator keeps the affidavits with the will, they are admissible at probate with the same effect as live testimony, except in a will contest.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.