State requirements
Making a will in West Virginia
West Virginia lists 2 witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
West Virginia has traditional will requirements. West Virginia recognizes holographic wills. West Virginia is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | W. Va. Code § 41-1-2 | 18+ and of sound mind |
| Execution Requirements | W. Va. Code § 41-1-3 | Written, signed, 2 witnesses |
| Holographic Wills | W. Va. Code § 41-1-3 | Entirely in testator's handwriting |
| Self-Proving | W. Va. Code § 41-5-15 | Available with affidavit |
| Elective Share | W. Va. Code § 42-3-1 | Based on circumstances |
Execution Requirements
WEST VIRGINIA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or at direction)
✓ Attested by 2 competent witnesses
✓ Witnesses sign in testator's presence
HOLOGRAPHIC WILLS:
✓ Entirely in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
WEST VIRGINIA ELECTIVE SHARE:
- With children: Same share as child
- Without children: 1/2 of estate (after debts)
- Must elect within specified period
Checklist for West Virginia Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will entirely in testator's handwriting
West Virginia will questions, answered
Can I make a will online in West Virginia?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check West Virginia requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in West Virginia?
West Virginia requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does West Virginia require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular West Virginia document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in West Virginia?
Yes, West Virginia recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in West Virginia?
West Virginia sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current West Virginia source above and get local help for your circumstances.
Keep reading
All guides →Your West Virginia wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about West Virginia law, not legal advice. Statutes change — verify current requirements or consult a licensed West Virginia attorney for complex situations.