Last Will and Testament in West Virginia

Last Will And Testament requirements in West Virginia

You must be at least 18 years old and of sound mind.
The will must be in writing (typed or printed).
You must sign the will in the presence of at least two witnesses.
The witnesses must be at least 18 years old and cannot be beneficiaries or the spouse of a beneficiary.
Witnesses must sign the will in your presence and in each other's presence.
Although not required by law, having the will notarized is recommended to make it 'self-proving', which simplifies the probate process.

How to create a Last Will And Testament in West Virginia

List your assets and decide who will receive them. Be specific to avoid confusion.
Choose an executor who will manage your estate. Discuss this with them beforehand.
Draft your will using a template or with the help of an attorney. Make sure it clearly states your wishes.
Sign the will in the presence of two witnesses, and have them sign as well. If possible, get it notarized.
Store your will in a safe place, like a fireproof safe or with your attorney, and tell your executor where it is.
Review and update your will periodically, especially after major life events like marriage, divorce, or the birth of a child.

What a Last Will And Testament typically costs

The cost of a last will and testament in West Virginia varies. Using a do-it-yourself template can cost as little as $20, while hiring an attorney typically ranges from $300 to $1,000, depending on the complexity of your estate. Investing in professional help can ensure your will is valid and covers all your needs.

Take the compassionate step of writing your last will and testament in West Virginia today to protect those you care about.

Create your last will and testament

West Virginia Will Prep Checklist

Before you start creating your West Virginia will, ensure you have the necessary information and understand the state's specific requirements to avoid common pitfalls.

Identify all assets, including real estate, bank accounts, investments, and personal property, and note any beneficiaries or joint owners.
Decide on a guardian for minor children (if applicable) and name alternate guardians.
Choose an executor, who will manage your estate, and a backup executor—they must be at least 18 years old.
Remember: In West Virginia, a will must be signed by you (the testator) in the presence of at least two witnesses, who also sign in your presence; witnesses cannot be beneficiaries.
Have your will notarized to create a 'self-proving' affidavit, which simplifies probate—not legally required but highly recommended.
Prepare to file the original signed will with the county clerk's office in the county where you reside (or own property) after your death; keep it safe and tell your executor where it is.

Frequently asked questions

What is the difference between a last will and testament and a living will?

A last will and testament outlines how your assets will be distributed after your death, and names guardians for minor children. A living will, also known as an advance healthcare directive, records your wishes for medical treatment if you become incapacitated.

Can I write my own will in West Virginia without a lawyer?

Yes, you can create your own will using a reliable template. However, you must follow West Virginia's legal requirements to make it valid. If your estate is complex or you have concerns, consulting an attorney is wise.

Is a notary required for a will in West Virginia?

No, a notary is not required, but having your will notarized makes it self-proving, which speeds up probate by eliminating the need for witnesses to testify. It's a simple step that adds security.

What happens if I die without a will in West Virginia?

If you die without a will, your assets are distributed according to state intestacy laws. This may not align with your wishes, and your loved ones may face a more complicated probate process. Creating a will gives you control.