Updated January 11, 2023
A West Virginia last will and testament is a legal document, set forth by a testator (the person creating the will), that ensures personal and real property, fiduciary assets, digital property, and any other property are transferred as desired upon the testator’s death. On their will, a testator can set forth instructions for how to distribute assets and property among spouses, family, friends, and charitable organizations.
West Virginia law dictates that wills must be signed by the testator in the presence of at least two (2) competent and credible witnesses, both of whom will sign the document. Though optional, a testator can have their will acknowledged by a notary public for an extra layer of legal protection. This document may be revoked or changed by the testator at any time.
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Laws
Signing Requirements
Signed by the Testator in the presence of at least two (2) competent witnesses, present at the same time; and such Witnesses shall subscribe the will in the presence of the Testator. (Section 41-1-3)
State Definition
“Wills” shall be valid if written and signed under the requirements of Sec. 41-1-3.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument