West Virginia Last Will and Testament Form

The West Virginia last will and testament is a legal document or form that is designed for the purpose of assisting someone (a testator) of legal age to write a standard will, that would instruct their designated representative (executor) would use to distribute the testator’s estate after they are deceased. The form will guide the testator through the processes of creating an organized distribution of their will to their beneficiaries. Upon completion, this document must be witnessed and, if utilizing a testamentary affidavit, also notarized. The document may also be changed or revoked at any time.

Laws – 41-1-1, et seq.

How to Write

Step 1 – Download the document and submit the following information:

  • The Testator’s full name
  • City and County of residence
  • “Expenses and Taxes”

Step 2 – Appoint a Representative (Executor) – The Testator may establish an executor by submitting:

  • The Executor’s name
  • Address
  • County and State of residence

If the primary executor becomes unavailable, the Testator may  establish an alternate. Provide the following:

  • Name the alternate agent
  • Address
  • County and State of residence

Step 3 – Disposition of  Property – Provide all required beneficiary information:

  • Beneficiary’s name
  • Address
  • Relationship to the testator
  • Submit the last four digits of the beneficiary’s Social Security Number
  • The Testator should review the paragraphs
  • If additional information will apply, the Testator may add a separate sheet and attach it to the document

Step 4 – Titled Sections – These titles should be reviewed before proceeding:

  • Omissions
  • Bond
  • Discretionary Powers of Personal Representative (subsections A through K)
  • Contesting Beneficiary
  • Guardian Ad Litem Not Required
  • Gender
  • Assignment
  • Governing Law

Step 5 – Binding Agreement – Enter:

  • Testator’s name
  • Submit the date of the document – mm/dd/yyyy
  • The Testator’s signature
  • Testator’s printed name
  • Date of signature in dd/m/yy format
  • Testator’s name

Step 6 – Witness Signatures and Notary Public – Any signatory to the document must sign in the presence of a notary

Witnesses –

  • Witnesses signatures
  • Addresses

Testamentary Affidavit –

  • The notary will acknowledge this document
  • The notary will submit all of the required signatory information
  • Testator must provide their signatures
  • Witnesses must submit their signatures