How to make a will in West Virginia

West Virginia will requirements at a glance

How to sign a will in West Virginia

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (W. Va. Code 41-5-15 (attesting witnesses' affidavit before an oath officer while the testator is living; admissible at probate, but not if the will is contested))
5. Store the original safely and tell your executor where it is.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

Unless wholly handwritten, the testator signs or acknowledges the will in the presence of at least two competent witnesses present at the same time. The witnesses subscribe in the presence of the testator and of each other. No attestation form is needed (W. Va. Code 41-1-3).

If a witness inherits: If the will cannot be proved without the beneficiary-witness, the gift to that witness (or their spouse) is void, but the witness keeps up to their intestate share (W. Va. Code 41-2-1).

Handwritten wills

Wholly in the testator's handwriting and signed; no witnesses required (W. Va. Code 41-1-3).

Self-proving affidavit

West Virginia lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (W. Va. Code 41-5-15 (attesting witnesses' affidavit before an oath officer while the testator is living; admissible at probate, but not if the will is contested))

Can I sign my will online in West Virginia?

No. No West Virginia statute authorizing electronic wills or remote witnessing was found.

Print your will and sign it on paper with your witnesses in the same room.

Online notarization: The RON statute does not address wills, and will witnesses must be present together with the testator. The enactment date of 39-4-37 was not verified. (W. Va. Code 39-4-37 (remote online notarial act) and 39-4-38 (remote ink notarial act))

Good to know in West Virginia

The 41-5-15 witness affidavit stops working if anyone contests the will, so live witness testimony may still be needed. No lifetime deposit statute was found; the county clerk holds a will only after death (41-5-1, 41-5-2).

Estate and inheritance taxes

West Virginia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

West Virginia will questions

Does a will need to be notarized in West Virginia?

No. Two witnesses make a West Virginia will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.

Are handwritten wills legal in West Virginia?

Wholly in the testator's handwriting and signed; no witnesses required (W. Va. Code 41-1-3).

Can a beneficiary witness a will in West Virginia?

If the will cannot be proved without the beneficiary-witness, the gift to that witness (or their spouse) is void, but the witness keeps up to their intestate share (W. Va. Code 41-2-1).

Can I make a will online in West Virginia?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. West Virginia doesn't allow electronic wills, so the will must be signed on paper.

Does West Virginia have an estate or inheritance tax?

West Virginia has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against West Virginia statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a West Virginia attorney.