How to Make a Valid Will in West Virginia
West Virginia has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in WV.
West Virginia Will Requirements at a Glance
Who Can Make a Will in West Virginia?
You must be at least 18 years old to make a will in West Virginia. No statutory exceptions for minors. The testator must be of sound mind and not under undue influence (W. Va. Code § 41-1-1)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction.
Witness Requirements in West Virginia
West Virginia requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two competent witnesses who are present at the same time. Witnesses must sign in the testator's presence (W. Va. Code § 41-1-3).
Interested witnesses: A devise to an attesting witness is void unless there are two other disinterested witnesses
Notarization in West Virginia
Notarization is not required for a will to be valid in West Virginia. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
West Virginia allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (W. Va. Code § 41-5-15)
Handwritten (Holographic) Wills
West Virginia does recognize holographic wills. Valid if wholly in the testator's handwriting and signed by the testator. No witnesses required at execution. Must be proved by two witnesses to the handwriting
Electronic Wills
West Virginia recognizes electronic wills. West Virginia enacted electronic will provisions (W. Va. Code § 41-1-4a). Electronic wills must be in an electronic record, signed electronically by the testator, and witnessed
Oral (Nuncupative) Wills
Recognized in limited circumstances: only for military personnel in actual military service and mariners at sea (W. Va. Code § 41-1-5)
How to Revoke a Will in West Virginia
In West Virginia, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence
W. Va. Code § 41-1-7
Special Provisions in West Virginia
West Virginia is a separate property/common law state. Surviving spouse has an elective share. West Virginia requires witnesses to be present at the same time
Relevant West Virginia Statutes
- W. Va. Code § 41-1-1 (Who may make a will)
- W. Va. Code § 41-1-3 (Execution of wills)
- W. Va. Code § 41-1-4a (Electronic wills)
- W. Va. Code § 41-1-5 (Nuncupative wills)
- W. Va. Code § 41-1-7 (Revocation)
- W. Va. Code § 41-5-15 (Self-proved wills)
- W. Va. Code § 42-3-1 (Elective share)
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