Last Will and Testament in West Virginia
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What West Virginia law says
| 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 |
|---|---|
| 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 |
| 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 |
Fill it in
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · West Virginia tenant rights
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.