State requirements
Making a will in West Virginia
West Virginia requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
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?
Yes. West Virginia does not require a lawyer to draft a will. A will created online is valid in West Virginia when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in West Virginia?
West Virginia requires 2 adult 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?
No. Witnesses make a will valid in West Virginia, not a notary. 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?
A valid West Virginia will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This 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.