Forms for Planning and Settling an Estate in West Virginia

Free West Virginia forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Last Will and Testament

In West Virginia, a will is signed before 2W.Va. Code § 41-1-3Verified Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitW.Va. Code § 41-1-3Verified Oct 19, 2026View source.

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Healthcare Power of Attorney

West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses and notarizationW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source for a healthcare power of attorney.

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Financial Power of Attorney

West Virginia treats a power of attorney as durable by defaultW.Va. Code § 39B-1-105Verified Sep 20, 2026View source, and it is signed before a notaryW.Va. Code § 39B-1-105Verified Sep 20, 2026View source.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Tools for Planning and Settling an Estate in West Virginia

Free calculators and checklists for planning or settling an estate in West Virginia: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Life Insurance Do I Need?

In West Virginia, four years at a public university cost about $81,076NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is 10% below the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. The West Virginia Estate Tax Act (W. Va. Code ch. 11, art. 11) is a pick-up tax keyed to the federal credit for state death taxes, and § 11-11-39 provides that the article "shall remain in force and effect until ... [t]he government of the United States ceases to allow credit against its estate tax for payment of state death taxes." Congress eliminated that credit for deaths on or after January 1, 2005 (EGTRRA 2001), so the tax computes to $0. West Virginia has no inheritance tax and no gift tax.Verified Sep 15, 2026View source.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in West Virginia runs $2,870Estimate: 10 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,305Estimate: 15 hours at $287, Clio's West Virginia Wills and Estates rate (no Trusts rate published); Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $861Estimate: 3 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,722Estimate: 6 hours at $287, Clio's West Virginia Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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Who Inherits Without a Will?

Without a will in West Virginia, a surviving spouse takes the entire estateW.Va. Code § 42-1-3Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationW.Va. Code § 42-1-3dVerified Sep 10, 2026View source.

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