What the rule says
West Virginia provides two pathways to a valid will:
Attested wills (W. Va. Code § 41-1-3)
A valid WV attested will requires:
1. A writing. 2. The testator's signature at the end of the will. 3. Two competent witnesses. Two witnesses must sign the will in the testator's presence.
Holographic wills (W. Va. Code § 41-1-3)
A WV holographic will is valid if:
1. Wholly in the testator's handwriting. 2. Signed by the testator.
Self-proving affidavits
Under W. Va. Code § 41-5-15, a will accompanied by a self-proving affidavit can be admitted to probate without requiring witness testimony.
What you can do about it
For a WV attested will:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
For a WV holographic will:
- Write the entire substantive document in the testator's handwriting. - Sign the document.
Who this affects most
WV's two-pathway framework provides flexibility through attested and holographic options.