How to Make a Will in West Virginia (2026 Guide)

A will made in West Virginia must be signed by you and by 2 witnesses to be valid. Yes (W. Va. Code § 41-5-15). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free West Virginia will covers, generated from the same rules.

Make my free West Virginia will

West Virginia will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	W. Va. Code § 41-1-3
Financial POA statute	W. Va. Code § 39B-1-101 et seq. (West Virginia Uniform Power of Attorney Act, 2012)
Healthcare directive statute	W. Va. Code § 16-30-1 et seq. (West Virginia Health Care Decisions Act); optional forms at §§ 16-30-4 (medical power of attorney) and 16-30-3 (living will)

Witnesses

Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator and of each other (W. Va. Code § 41-1-3). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (W. Va. Code § 41-2-1). Everyone must be together for the signing; sign in one sitting.

Do you need a notary in West Virginia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (W. Va. Code § 41-5-15). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in West Virginia

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator and of each other (W. Va. Code § 41-1-3). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (W. Va. Code § 41-2-1). Everyone must be together for the signing; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (W. Va. Code § 41-5-15). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. West Virginia has no general statute for lifetime deposit of a will with the county clerk.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (W. Va. Code § 42-3-1), plus the homestead allowance, exempt property and family allowance (W. Va. Code §§ 42-3-2 to 42-3-4).

Homestead

No special restriction on devising a homestead by will. The surviving spouse is entitled to a homestead allowance (W. Va. Code § 42-3-2), and the constitutional homestead exemption protects the home from most creditors (W. Va. Const. art. VI, § 48; W. Va. Code § 38-9-1).

If you die without a will in West Virginia

If you die without a will in West Virginia, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If all of your descendants are also your spouse's but the spouse has other descendants, the spouse takes three-fifths; if you have any descendant who is not your spouse's, the spouse takes one-half (W. Va. Code § 42-1-3). The rest passes to descendants, then parents, then siblings (W. Va. Code § 42-1-3a). More on intestacy.

Other estate-planning documents in West Virginia

• Durable financial power of attorney: W. Va. Code § 39B-1-101 et seq. (West Virginia Uniform Power of Attorney Act, 2012). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (W. Va. Code § 39B-1-105). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county clerk before using it for real estate.
• Advance healthcare directive: W. Va. Code § 16-30-1 et seq. (West Virginia Health Care Decisions Act); optional forms at §§ 16-30-4 (medical power of attorney) and 16-30-3 (living will). A medical power of attorney and a living will must each be signed by the principal in the presence of two adult witnesses AND acknowledged before a notary public (W. Va. Code §§ 16-30-3, 16-30-4). A witness may not be the person who signed on the principal's behalf, related to the principal by blood or marriage, entitled to any part of the estate, financially responsible for the principal's care, the appointed representative, or the attending physician; only one witness may be an employee of a health care facility. The statutory forms may be used but are not mandatory.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

West Virginia notes

• West Virginia requires both two witnesses and a notary for a medical power of attorney and a living will (W. Va. Code §§ 16-30-3, 16-30-4).
• West Virginia recognizes holographic wills wholly in the testator's handwriting and signed (W. Va. Code § 41-1-3); a typed, witnessed will is far easier to prove.
• West Virginia does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in West Virginia?

West Virginia requires 2 witnesses (W. Va. Code § 41-1-3). Two witnesses. Unless wholly in the testator's handwriting, the will must be signed by the testator (or by another in the testator's presence and by the testator's direction), and the signature must be made or acknowledged in the presence of at least two competent witnesses present at the same time, who must subscribe the will in the presence of the testator and of each other (W. Va. Code § 41-1-3). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (W. Va. Code § 41-2-1). Everyone must be together for the signing; sign in one sitting.

Does a will need to be notarized in West Virginia?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does West Virginia have a self-proving affidavit?

Yes (W. Va. Code § 41-5-15). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in West Virginia?

Yes, West Virginia recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in West Virginia?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a percentage of the augmented estate that rises with the length of the marriage, from 3% after one year to 50% after fifteen or more years (W. Va. Code § 42-3-1), plus the homestead allowance, exempt property and family allowance (W. Va. Code §§ 42-3-2 to 42-3-4).

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

If you die without a will in West Virginia, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If all of your descendants are also your spouse's but the spouse has other descendants, the spouse takes three-fifths; if you have any descendant who is not your spouse's, the spouse takes one-half (W. Va. Code § 42-1-3). The rest passes to descendants, then parents, then siblings (W. Va. Code § 42-1-3a).

Is a no-contest clause enforceable in West Virginia?

West Virginia has no statute on no-contest clauses in wills. West Virginia courts have enforced them but construe them strictly, and a good-faith contest with probable cause may fall outside the clause. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.