West Virginia Last Will and Testament

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West Virginia Last Will and Testament

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Last updated May 29th, 2026

A West Virginia last will and testament provides instructions for the distribution of an individual’s estate after they pass away. The document appoints a personal representative to manage the estate’s affairs and ensure that the designated beneficiaries receive their inheritances.

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A West Virginia last will and testament provides instructions for the distribution of an individual’s estate after they pass away. The document appoints a personal representative to manage the estate’s affairs and ensure that the designated beneficiaries receive their inheritances.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Destroying the original will or executing a new will or revocation document.[3] If the testator’s marriage is dissolved by divorce or annulment, provisions in the will affecting the former spouse are revoked.[4]

Probate in West Virginia

Petition for Probate of Will

To begin the probate process, the personal representative must file the following documents with the county clerk’s office for the county where the testator resided[5]:

  • Original Will
  • Death Certificate
  • Affidavit of heirs and beneficiaries

After taking an oath before the county clerk and posting any required bond, the personal representative must file a notarized Estate Appraisement & Nonprobate Inventory.[6] They are then responsible for settling claims, resolving tax matters, and distributing assets.[7]

Once done, the personal representative must close the estate by filing either a notarized Waiver of Final Settlement, signed by the required beneficiaries, or a Report of Receipts and Disbursements with an affidavit stating that debts and claims are paid.[8]