WV · Will Requirements
Will Requirements in West Virginia (2026)
A will in West Virginia requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. West Virginia accepts handwritten (holographic) wills, and electronic wills are not valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by W. Va. Code §41-1-3.
Here's what West Virginia says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in West Virginia require?
| Requirement | West Virginia rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not recognized |
| Self-proving affidavit | Available |
| Governing statute | W. Va. Code §41-1-3 |
| Probate threshold | $100,000 |
| Property system | Common law |
| State estate tax | No |
| State inheritance tax | No |
How do you make a will legally valid in West Virginia?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in West Virginia, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in West Virginia. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what WV law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
West Virginia requires 2 witnesses to make your will valid. Good news: West Virginia doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
West Virginia supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
West Virginia does accept holographic (handwritten) wills, so technically you could scribble your wishes on a napkin. We don’t recommend it, but you do you. Electronic wills aren’t recognized in West Virginia yet, so you’ll need actual paper like it’s 1995.
What West Virginia law says about your stuff
Under W. Va. Code §41-1-3, if you die without a will in West Virginia, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in West Virginia isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in West Virginia?
An attorney in West Virginia averages $700 (range $400-1300). Killswitch charges $69, once, with no subscription.
Typically $400-1300. The clock starts again every time you think of a question.
Cheap, and you're the one deciding whether it clears West Virginia law.
One payment, about thirty minutes, and nobody bills you for the follow-up call. That's roughly $631 you keep.
That's less than your monthly streaming subscriptions, and infinitely more useful when you're dead. Just $69.
What else do people ask about wills in West Virginia?
How many witnesses do I need for a will in West Virginia?
West Virginia requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does West Virginia require a notary for wills?
No, West Virginia doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in West Virginia?
Yes, West Virginia recognizes holographic (handwritten) wills. They still need to be entirely in your handwriting and signed by you. No witnesses technically required for holographic wills, but a typed and witnessed will is much harder to contest.
What is the minimum age to make a will in West Virginia?
You must be at least 18 years old to make a will in West Virginia. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
What other West Virginia documents do you need?
What does estate planning in West Virginia cover?
Everything WV residents need to know about estate planning, without the lawyer-speak or the $700 attorney bill.
Do you need a West Virginia power of attorney?
West Virginia POAs are durable by default. Notarization required.
Do you need a West Virginia healthcare directive?
West Virginia requires 2 witnesses for healthcare directives. Notarization is required.
How do the rules compare in nearby states?
Your West Virginia Family Will Thank You (Eventually)
About thirty minutes, built from West Virginia statute, and valid the moment you sign it the way West Virginia asks you to.
Free to build, free to read, $69 only when you want the copy without the watermark.
Look, we're not lawyers (we're way more fun at parties). This is educational content about West Virginia laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
