West Virginia Estate Planning
Get your own affairs in order in West Virginia, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its West Virginia guide.
- Will
- West Virginia will requirements: age 18 and sound mind, a signed writing, two competent witnesses, holographic wills, and self-proving affidavits under 41-5-15. Read the guide
- Living trust
- How a West Virginia revocable living trust works: create it under the state Trust Code, fund it to avoid probate, and pair it with a pour-over will. Read the guide
- Power of attorney
- West Virginia power of attorney rules under Chapter 39B: durable by default, signed and notarized, no witnesses, and hot powers that need an express grant. Read the guide
- Healthcare directive
- How a West Virginia healthcare directive works: a living will or medical power of attorney signed before two witnesses and a notary, plus the surrogate order. Read the guide
West Virginia estate planning guides
West Virginia Estate Planning Basics
West Virginia estate planning basics: the will, durable power of attorney, advance directive, and revocable trust most adults need, plus probate and taxes.
West Virginia Will Requirements
West Virginia will requirements: age 18 and sound mind, a signed writing, two competent witnesses, holographic wills, and self-proving affidavits under 41-5-15.
West Virginia Power of Attorney
West Virginia power of attorney rules under Chapter 39B: durable by default, signed and notarized, no witnesses, and hot powers that need an express grant.
West Virginia Healthcare Directive
How a West Virginia healthcare directive works: a living will or medical power of attorney signed before two witnesses and a notary, plus the surrogate order.
West Virginia Guardianship Planning
A West Virginia guardianship plan starts with a durable POA and advance directive. See how adult conservatorship and minor guardianship work if court is needed.
West Virginia Revocable Living Trust
How a West Virginia revocable living trust works: create it under the state Trust Code, fund it to avoid probate, and pair it with a pour-over will.
West Virginia Trust Administration
How a West Virginia successor trustee settles a revocable living trust after death under the state Uniform Trust Code: notice, accounting, and distribution.
West Virginia Transfer on Death Deed
A West Virginia transfer on death deed passes real estate to a beneficiary outside probate under W. Va. Code 36-12, stays revocable, and records before death.
Not sure what you need in West Virginia?
Answer a few questions and we'll tell you which estate planning documents to set up first.
Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.