West Virginia Last Will and Testament

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Writing a proper West Virginia last will and testament creates a legal way to express your wishes after you are gone. The laws vary from state to state, and proper will templates in West Virginia or forms can be difficult to find. However, in West Virginia, it’s not very difficult to create a legally binding last will and testament on your own.

West Virginia Last Will and Testament Template

West Virginia Last Will and Testament Requirements

When creating a will, the most important parts to remember are the state requirements for a legal will. In West Virginia, these are relatively simple:

  • The testator must be of sound mind
  • The testator must be at least 18 years old
  • Two witnesses must be present and sign the will
  • The will must be in a physical form

A last will and testament form in West Virginia doesn’t have to be specific, but it does have to have these necessities. Otherwise, the testament could be contested in court and thrown out. It’s not required but highly recommended to appoint an estate executor in a will.

Frequently Asked Questions

Creating a last will and testament can be a lengthy undertaking. It is complicated and can be confusing. Here are some commonly asked questions about creating a will in the state of West Virginia, and the requirements and extra information needed.

The main requirements for a will to be valid in West Virginia are that you (the testator) are of sound mind and at least 18 years of age. The other requirements depend on the will itself. If it is completely in your handwriting, no witnesses are necessary. Otherwise, you will need two witnesses to sign it in the presence of the testator and each other.

If you make your own will and don’t take it to a notary, you can create a completely free last will and testament for West Virginia. You don’t need a lawyer or notary to make your will legally binding, although the presence of both might make it easier to prove later on in court. If you choose to use legal advice, it can cost more.

Wills do not need to be notarized to be legal in West Virginia. Unless you decide to make your will self-proving and save some time for your loved ones in probate court, you won’t need to take the document to a notary.

You can write your own will either using a last will and testament template for West Virginia or writing it on your own. However, a person with various assets and beneficiaries might be wise to hire legal advice on the will’s wording so it’s not contested later.

A last will and testament must be in a hard copy–no electronic wills are allowed in the state of West Virginia. However, the testament can be handwritten if the testator wrote it. A proof of this handwriting negates the requirement of witnesses and can be legally binding.