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West Virginia Last Will and Testament Template

A West Virginia last will and testament is a legal document that allows a person to direct the division of their estate after death. The testator must sign the document with witnesses to confirm its validity.

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Last updated February 18th, 2026

A West Virginia last will and testament is a legal document that allows a person to direct the division of their estate after death. The testator must sign the document with witnesses to confirm its validity.

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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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