Is an Online Will Legal in West Virginia?

An online service can prepare a valid West Virginia will, but execution happens on paper and in one room: the testator signs or acknowledges the will before two witnesses who are present at the same time, and the witnesses sign in the presence of the testator and of each other. West Virginia also recognizes a fully handwritten alternative: a will wholly in the testator's handwriting and signed needs no witnesses at all.

Published: August 16, 2026Statutes verified: August 16, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid West Virginia will.

Sign it fully remotely

Paper signing

Whether West Virginia recognizes an electronic will executed without an in-person paper signing.

What this means for you

Notarization is not required for validity, and West Virginia has no standard self-proving affidavit. What it has instead is the § 41-5-15 lifetime witness affidavit, which substitutes for witness testimony at an uncontested probate but is inadmissible if the will is contested, so keep track of where the witnesses can be found. The strict presence rule means everyone (testator and both witnesses) should sign together at one sitting.

What West Virginia Law Requires

The governing law is W. Va. Code Chapter 41 (Wills): Article 1 (capacity and execution), Article 2 (competency of witnesses), Article 5 (production, probate and record). Each rule below links to the official source it was read from.

Requirement	The West Virginia rule	Statute
Who can make a will	Age 18 or older, sound mind.	W. Va. Code § 41-1-2
Written document	Required.	W. Va. Code § 41-1-3
Signature	The testator signs. The will may be signed by some other person in the testator's presence and by his direction, in such manner as to make it manifest that the name is intended as a signature.	W. Va. Code § 41-1-3
Witnesses	2. Unless the will is wholly in the handwriting of the testator, the signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses present at the same time, and the witnesses must subscribe the will in the presence of the testator AND of each other. No form of attestation is necessary.	W. Va. Code § 41-1-3
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	W. Va. Code § 41-5-15

Signing Day in West Virginia

Unless the will is wholly in the handwriting of the testator, the signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses present at the same time, and the witnesses must subscribe the will in the presence of the testator AND of each other. No form of attestation is necessary.

West Virginia is one of the few states whose statute requires the witnesses to sign in each other's presence as well as the testator's, so the whole signing should happen at one sitting with everyone together.

The self-proving step worth adding

West Virginia has no UPC-style self-proving certificate. Under § 41-5-15 any or all attesting witnesses may, at the testator's request, sign affidavits stating the facts they would testify to in court; preserved with the will and produced at probate, the affidavits carry the same probative value as in-court testimony. The limit is stated in the statute itself: the affidavits are NOT admissible in any case in which there is a contest over the will. Timing: during the testator's lifetime, at the testator's request.

Choose witnesses carefully

If a will is attested by a person to whom, or to whose wife or husband, a beneficial interest is devised or bequeathed, and the will may not be otherwise proved, that person is deemed a competent witness, but the devise or bequest to the witness is void, except that a witness who would have taken a share of the estate had the will not been established keeps so much of that share as does not exceed the value of what was devised or bequeathed.

Shortcuts West Virginia Does and Does Not Recognize

Handwritten (holographic) wills

Yes

Wholly in the handwriting of the testator and signed in such manner as to make it manifest that the name is intended as a signature. The § 41-1-3 two-witness requirement applies only to a will NOT wholly in the testator's handwriting, so a fully handwritten signed will needs no witnesses.

A partly typed or preprinted document does not qualify as wholly in the testator's handwriting and falls under the two-witness rule. (W. Va. Code § 41-1-3)

Oral wills

Section 41-1-3 requires every will to be in writing, and Chapter 41 has no general nuncupative-will provision. One narrow statutory carve-out survives: under § 41-1-5, a soldier in actual military service or a mariner or seaman at sea may dispose of PERSONAL estate as he might heretofore have done, preserving the older informal privilege for that small group only. (W. Va. Code §§ 41-1-3, 41-1-5)

Electronic wills

West Virginia has not enacted an electronic-wills act: § 41-1-3 requires a signed writing, Chapter 41 (Articles 1 through 5) contains no electronic-execution or remote-witnessing provision, and the state's Uniform Electronic Transactions Act expressly does not apply to a transaction governed by a law governing the creation and execution of wills, codicils or testamentary trusts (§ 39A-1-3(b)(1)), so an electronic signature cannot satisfy the will statute. (W. Va. Code §§ 41-1-3, 39A-1-3(b)(1))

A Will Signed in Another State

The will of a person domiciled outside West Virginia at death is valid as to PERSONAL property in the state if executed according to the law of the state or country of domicile (§ 41-1-5). There is no general statute validating execution by the law of the place of execution, so a will offered for original probate in West Virginia otherwise must meet § 41-1-3, including its unusually strict requirement that the witnesses sign in the presence of each other. A will already proved or probated in another U.S. state or jurisdiction may be offered for probate in West Virginia, or (for real estate only, when no ancillary administration is needed) admitted to record by authenticated copy, under § 41-5-13. (W. Va. Code §§ 41-1-5, 41-5-13)

Keep Going

The full West Virginia will-requirements guide covers capacity, revocation, and what happens when formalities fail.
West Virginia estate planning sets the will beside the other documents a complete plan needs.
A West Virginia revocable living trust is the main alternative when avoiding probate is the goal.

Frequently Asked Questions

Can I make my will online in West Virginia?

Does a West Virginia will need to be notarized?

No. Notarization is not required for a valid West Virginia will. The optional self-proving step under W. Va. Code § 41-5-15 makes probate easier: West Virginia has no UPC-style self-proving certificate. Under § 41-5-15 any or all attesting witnesses may, at the testator's request, sign affidavits stating the facts they would testify to in court; preserved with the will and produced at probate, the affidavits carry the same probative value as in-court testimony. The limit is stated in the statute itself: the affidavits are NOT admissible in any case in which there is a contest over the will.

How many witnesses does a West Virginia will need?

2. Unless the will is wholly in the handwriting of the testator, the signature must be made, or the will acknowledged by the testator, in the presence of at least two competent witnesses present at the same time, and the witnesses must subscribe the will in the presence of the testator AND of each other. No form of attestation is necessary. (W. Va. Code § 41-1-3)

Are handwritten (holographic) wills valid in West Virginia?

Yes. Wholly in the handwriting of the testator and signed in such manner as to make it manifest that the name is intended as a signature. The § 41-1-3 two-witness requirement applies only to a will NOT wholly in the testator's handwriting, so a fully handwritten signed will needs no witnesses. A partly typed or preprinted document does not qualify as wholly in the testator's handwriting and falls under the two-witness rule. (W. Va. Code § 41-1-3)

Are electronic wills legal in West Virginia?

No. West Virginia has not enacted an electronic-wills act: § 41-1-3 requires a signed writing, Chapter 41 (Articles 1 through 5) contains no electronic-execution or remote-witnessing provision, and the state's Uniform Electronic Transactions Act expressly does not apply to a transaction governed by a law governing the creation and execution of wills, codicils or testamentary trusts (§ 39A-1-3(b)(1)), so an electronic signature cannot satisfy the will statute. (W. Va. Code §§ 41-1-3, 39A-1-3(b)(1))

Is a will made in another state valid in West Virginia?

Generally yes, within the statute’s terms. The will of a person domiciled outside West Virginia at death is valid as to PERSONAL property in the state if executed according to the law of the state or country of domicile (§ 41-1-5). There is no general statute validating execution by the law of the place of execution, so a will offered for original probate in West Virginia otherwise must meet § 41-1-3, including its unusually strict requirement that the witnesses sign in the presence of each other. A will already proved or probated in another U.S. state or jurisdiction may be offered for probate in West Virginia, or (for real estate only, when no ancillary administration is needed) admitted to record by authenticated copy, under § 41-5-13. (W. Va. Code §§ 41-1-5, 41-5-13)

SourcesOfficial references used for this page

Verified against W. Va. Code Chapter 41 (Wills): Article 1 (capacity and execution), Article 2 (competency of witnesses), Article 5 (production, probate and record) on August 16, 2026

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 West Virginia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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