How many witnesses do I need for a will in West Virginia?

West Virginia requires 2 competent witnesses who watch you sign the will and then sign it themselves.

Are handwritten wills valid in West Virginia?

Yes. West Virginia recognizes holographic (handwritten) wills, but they must be entirely in your handwriting and signed. A formally witnessed will is more reliable and harder to challenge.

Does my will need to be notarized in West Virginia?

No. Notarization is not required for a valid will in West Virginia. However, a self-proving affidavit (which does require a notary) is strongly recommended to simplify probate.

Can I disinherit someone in my will?

Yes — you can leave your property to anyone you choose. However, West Virginia law may provide a surviving spouse with an elective share that cannot be fully overridden by a will. Children can be disinherited if the will makes it clear the omission is intentional.

What happens if I die without a will in West Virginia?

Your assets pass under West Virginia's intestacy laws — a fixed formula based on family relationships. The court appoints an administrator, and the result may not match your wishes.

Topic guideUpdated 2026-02-27

West Virginia Wills — Requirements & Types Explained

How to make a valid will in West Virginia — witnesses, holographic wills, and common mistakes.

A will is the foundation of every estate plan. In West Virginia, a valid will lets you control who inherits your property, name a guardian for minor children, and choose who administers your estate.

Requirements for a valid will in West Virginia

Age and capacity

You must be at least 18 years old and of sound mind — meaning you understand what you own, who your heirs are, and what the will does.

In writing

The will must be a written document. West Virginia allows nuncupative (oral) wills in limited circumstances — for personal property only, made during a last illness, and witnessed by at least two people. Oral wills cannot pass real estate.

Signed by the Testator

You must sign the will yourself, or direct someone to sign on your behalf in your presence.

Witnessed

2 competent witnesses must watch you sign (or acknowledge your signature) and then sign the will themselves.

Self-proving affidavit §41-5-15

A self-proving affidavit is a sworn statement attached to the will, signed by the testator and witnesses before a notary. It allows the will to be admitted to Probate without requiring the witnesses to appear in court — saving time and avoiding problems if witnesses have moved or died.

✓Adding a self-proving affidavit costs nothing extra and can significantly speed up probate. Most estate planning attorneys include one automatically.

Holographic wills

West Virginia recognizes holographic (handwritten) wills §41-1-3. A holographic will must be entirely in the testator's handwriting and signed, but witnesses are not required. Courts may still scrutinize these more closely than formally executed wills.

Types of wills

	Simple will	Pour-over will	Testamentary trust will
How it works	Distributes assets directly to beneficiaries	Directs remaining assets into a trust at death	Creates a trust upon your death
Avoids Probate	No	No (but the trust does for future transfers)	No
Best for	Smaller estates, simple wishes	Paired with a living trust	Minor children, special needs beneficiaries
Complexity	Low	Medium	Higher

Revoking or changing a will

You can revoke a will at any time by creating a new will that expressly revokes the old one, or by physically destroying the document with intent to revoke. A codicil can amend specific provisions without rewriting the entire will; a new will is cleaner for significant changes.

A will must be in writing and signed by the testator (or by another person in the testator's presence and by the testator's direction); unless it is wholly in the testator's handwriting, it must be signed or acknowledged before at least two competent witnesses present at the same time, who subscribe in the presence of the testator and each other (W. Va. Code § 41-1-3). A signed holographic will written entirely in the testator's handwriting needs no attesting witnesses. Nuncupative wills are valid in limited circumstances. Attesting witnesses may sign affidavits that are admissible when the will is offered for probate, but not in any case in which the will is contested (W. Va. Code § 41-5-15).

⚠A will only controls assets that are in your name alone. Property held jointly, assets with beneficiary designations (retirement accounts, life insurance), and assets in a trust pass outside the will — regardless of what the will says.

Prepare for Your Consultation

Quick checklist (Estate Planning)

You can start the intake without all of these.

Existing will or trust

(if any)

Asset summary

(property, accounts, policies)

Family information

(beneficiaries, guardians)

General preparation tips only. Requirements vary by case and state.

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