Create Your West Virginia Last Will and Testament
Experienced attorneys partnering with FindLaw have created West Virginia will forms that are quick and easy to complete from the comfort of home. With our guided process, after responding to our step-by-step questionnaire, we build your customized will.
Start your form for free. If you’re not satisfied, there’s no obligation to buy.
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. Best of all, you can complete the process from the convenience of your home computer.
West Virginia Will Options to Suit Every Family
Our process guides you through the simple steps to creating your personalized will for only $59. You don’t even have to leave home to create a will in under an hour.
Last Will and Testament
For One Person
A do-it-yourself last will that’s easy to personalize.
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Estate Planning Package
For One Person
All the forms you need to create a personal estate plan.
How It Works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Answer Key Questions
In order to get started, you need a list of your assets, accounts, contact information of important people, and wishes for the future.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
We Create Your Document
We’ve done the hard part by researching and developing your state-specific form. You simply need to follow our clear process.
Print, Sign & Make It Legal
Print and sign your documents according to the instructions. This may include signing in front of witnesses or a notary.
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: See full process
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
Select guardians for your minor children
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
- 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
Ready to get started on your West Virginia will? It’s free to start.Create My Will
West Virginia Last Will and Testament FAQs
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.
A 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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