Updated May 13, 2022
A West Virginia last will and testament is a legal document, set forth by a testator (the person creating their will), that ensures personal and real property, fiduciary assets and/or any cash on hand, digital property, and any other property are adequately transferred upon the testator’s death. On their will, a testator can set instructions on how to distribute assets/property among spouses, family, friends, and even charitable organizations. West Virginia law dictates 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 as well. 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
Definition – (Section 41-1-3) – “Wills” shall be valid if written and signed under the requirements of Sec. 41-1-3.
Signing Requirements (Section 41-1-3) – 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.
Statutes – Chapter 41 (Wills)
Video – How to Make a Will in West Virginia
How to Write
Step 1 – Provide ownership of the document by placing the name of the testator at the top of the document, followed by:
- Name of testator
- City
- County
- Review of the remainder of paragraph
- Review of “Expenses and Taxes” section
Step 2 – Appointment of the Executor–
- Testator may enter their chosen executor
- City
- County
- State of Residence
Choice of an alternate representative will ensure that there will always be a trusted representative to execute the estate in the manor in which the testator has set fourth in the event that the initially selected representative is, at any point, unable to perform the estate’s distribution and execution per the wishes of the testator- Provide the following:
- The name of the alternatively selected representative
- The City
- The County
- Executor’s State
Step 3 – Disposition of Property – Beneficiaries:
Beneficiaries – The following information is required:
- Name of each beneficiary respectively
- Provide address for each beneficiary
- What’s the beneficiary’s relationship to the testator
- Enter the last four digits of the SSN for named beneficiaries
- Provide the description of any property that the testator will provide to each beneficiary
Step 4 – Review all of the titled sections, as follows:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – Persons who shall serve as signatories, must all be present at the time of the signing of the document. Provide the following:
- Testator
- Date the testator’s signature
- Signature of testator
- Print the testator’s name in the field
Witnesses – Witnesses must review the statement and provide:
- The signatures must be dated – dd/mm/yyyy
- Testator’s Name
Witness 1 –
- Signature of witness
- Current Address
Witness 2 –
- Signature of witness
- Current Address
Step 6 – Affidavit of Testament – Must be carefully reviewed by all and the following must be provided:
- State
- County
- Testator
- 1st Witness’ name
- 2nd Witness’ name
- AND
- Testator’s own signature
- 1st Witness signature
- 2nd Witness signature
Step 7 (Optional) – Notary Public –The remainder of the document, once all signatures have been witnessed, will be completed by the notary as required by law.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument