West Virginia Last Will and Testament

What Is a Last Will and Testament?

West Virginia defines a will as “shall be valid if written and signed under the requirements.” (§ 41-1-3)

Requirements

To execute a valid will, individuals must:

• The testator must be at least eighteen (18) years of age and mentally competent. (§ 41-1-1)
• The will must be signed by two credible witnesses who are present at the time of signing. (§ 41-1-3)
• The will must be in writing. (§ 41-1-3)

Filing

West Virginia does not mandate filing a will before death. Probate courts may provide safekeeping services for those who wish to deposit their wills.

Sources

1. § 41-1-3
2. § 41-1-1

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