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Your West Virginia last will and testament, created with confidence

Create your last will and testament forms easily from home and in under an hour with FindLaw’s guided process.

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West Virginia will options to suit every family

Last Will and Testament

For One Person

A do-it-yourself last will that’s easy to personalize.

What’s included:
What’s included
Step-by-step guided process
Attorney-approved document compliant with your state’s laws
A last will and testament that’s customized to your wishes
Free changes and revisions to your will for up to one full year after purchase


Estate Planning Package

For One person

All the forms you need to create a personal estate plan

What’s included:
What’s included
Last will and testament
Health care directive
Power of attorney
Free HIPAA release form
A comprehensive plan — for less
Free changes and revisions for up to one year after purchase

Still not sure what estate planning tools you need?

DIY West Virginia wills in under an hour

If you die without a will in West Virginia, your property will be distributed through default laws called intestacy. Most people would rather decide how to distribute their assets for themselves rather than leave it up to the state.

With our process, you (the “testator“) can create a will that empowers you to distribute your assets as you see fit. Ease the burden on loved ones—express your wishes officially, customize inheritance access, and secure your estate with explicit disinheritance, avoiding legal complications. Best of all, you can complete the process from the convenience of your home computer.


Written by:

Jeff Burtka, Esq.

Contributing Author

Reviewed by:

Laura Temme, Esq.

Senior Legal Writer

How It Works

It only takes minutes to control your future. Need help? Contact one of our directory attorneys.

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time.

Gather information

You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.

Complete your documents

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.

Free Download

Plan for your future with confidence

This free guide will help you:

  • Learn the most common estate planning terms

  • Understand the essential estate planning tools

  • Understand the essential estate planning tools

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What’s next to make my West Virginia will valid?

If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:

List your assets and debts and decide how to distribute them

Your assets include all of your real property and personal property. Real property is real estate, such as your home, vacation houses, and land. Personal property includes all other possessions. Your accounts, vehicles, jewelry, furnishings, and personal possessions are personal property. If possible, you should create a list of your debts as well. This will be helpful to your executor so that they can pay off your debts efficiently when the time comes.

Name your beneficiaries

Your beneficiaries are the people or entities you would like to receive your assets. You can name individuals, trusts, and even charitable organizations as beneficiaries. You may want to consider naming contingent beneficiaries in your will too. Contingent beneficiaries are backups that only receive your assets if your primary beneficiaries do not survive or refuse the inheritance. Depending on your situation, you may choose to set up trusts as beneficiaries to provide for minor children or beloved pets.

Choose your executor

Sometimes referred to as a personal representative, an executor oversees the distribution of your assets after your death. You should choose someone you trust to be your executor. Common choices are close family members such as spouses, siblings, and adult children.

Select guardians for your minor children

If you have minor children, it’s a good idea to name guardians for them in your will just in case. You will rest easier knowing that if anything were to happen to you, your children will have caring guardians to look after them.

Sign your will

As in most states, it is a legal requirement in West Virginia to have two people witness your will signature. Your witnesses will sign your last will and testament to show that they observed while you signed. You should choose witnesses who are not beneficiaries to your will. If your witnesses (or their spouses) are beneficiaries, the court may void their inheritance. The best practice is to choose two “disinterested” witnesses who do not stand to gain anything through your will.

Distribute and safeguard your will

If you have not done so already, you should let your family know that you have written a will. Copies should go to your executor and attorney if you have one. Many people like to keep another copy of their will in a safe that a trusted family member knows about and can access.

Review your will and update as necessary

It’s a good idea to review your will from time to time and after major life events. This is helpful to ensure that it continues to represent your wishes. Major life events include the following situations and more:

  • Birth of a child or grandchild
  • Adoption
  • Marriage or divorce
  • Death of a loved one
  • Sale of a business

These situations may cause you to rethink your distributions. You may also choose to add and remove beneficiaries to your will if your life circumstances change. You can change your will by writing a new will or creating an amendment (a “codicil”). With our service, you can make changes to your will for a full year after purchase.

You may want to speak with a lawyer if you:

  • Have a past divorce, blended family, or other complex family situation
  • Have a high-value estate
  • Own a business
  • Want to create a special needs trust
  • Want legal review of your completed will
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Ready to begin your West Virginia will?

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West Virginia last will and testament questions commonly asked

A last will and testament (a will) is the foundation of a good estate plan. In it, you specify how you want your assets to be distributed after your death. You may also choose guardians for your minor children and pets through your will.

living will, on the other hand, does not distribute property and is not valid after your death. A living will is a legal document that you use to specify your health care wishes in the event that you ever became incapacitated. Your health care providers then use this document to make medical decisions for you if you cannot make those decisions for yourself. A living will can sometimes be called an advance health care directive.

To have a valid will in West Virginia, you must:

  • Have a written will
  • Be 18 years old or older
  • Be of sound mind
  • Sign the will or direct someone to sign it for you
  • Have witnesses to your signature who also sign the will. You should choose witnesses who do not stand to benefit from your will.

In West Virginia, your spouse is entitled to what is called an elective share of your estate. This means that they are entitled to take a certain percentage of your estate. The percentage that they can take depends on the length of the marriage. For more information about elective share percentages by the length of the marriage, see West Virginia laws.

If you get divorced after signing your will, it may affect your will designations. Any provisions leaving property to your spouse are revoked by divorce according to West Virginia law. If you named your spouse as the executor of your will, this provision is also revoked by the divorce. If you were to remarry your spouse, then the provisions are made valid once again.

No, there is no legal requirement to notarize your will in West Virginia. But if you would like to have a self-proving will, you will need a notary public. When a will is self-proving, it means that your witnesses will not have to testify in probate court that your will is valid. To make your will self-proving, you will need to ask your witnesses to swear to a self-proving affidavit in front of a notary public. This extra step will save your witnesses from the stress of testifying in court. It may even speed up the administration of your estate.

West Virginia recognizes fully handwritten, unwitnessed wills. A fully handwritten will is known as a holographic will. However, a handwritten will should only be used as a last resort. There may be difficulty in interpreting handwriting and courts may be hesitant to honor unclear wills. They might need to call witnesses who can testify that the will was made by the testator.

Another disadvantage of a handwritten will is that it can be difficult to make legible changes. When things are crossed out and there are notes in the margins, it may make a will even more difficult to interpret. A better plan is to sign a printed will in front of competent witnesses. If you use our will creation services, you can get a will quickly and easily from your home computer. You don’t even have to make an appointment with an attorney.

You can make changes to your will by either writing an amendment (known as a “codicil“) or by drafting a new will. A codicil is sufficient for minor changes to your will. But if you have experienced major changes in your family structure or life events, it is a good idea to write a new will. If you use our will creation service, you can make changes to your will for a year after purchase.

In West Virginia, you can revoke your will using one of the following methods:

  • Create a new document that states your intention to revoke the will. You should follow the same signature procedures and witnessing formalities with this document as you did with your original will.
  • Tear, burn, or otherwise destroy your will with the intention to revoke.
  • Write a new will. Wills contain language that revokes all previous wills.

If you have distributed copies of your will, you should inform your loved ones that you have revoked your will. Then hand out copies of your new will if you created one.

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