West Virginia requires 2 witnesses present when the testator signsW.Va. Code § 41-1-3Verified Sep 16, 2026View source. A gift to a witness who is also a beneficiary can be voided or reducedW.Va. Code § 41-2-1Verified Sep 16, 2026View source in West Virginia, so the usual practice is disinterested witnesses.
No. West Virginia does not require notarization for a will to be validW.Va. Code § 41-1-3Verified Sep 16, 2026View source. West Virginia has no execution-time self-proving affidavitW.Va. Code § 41-1-3Verified Sep 16, 2026View source; a witness affidavit at probate can substitute for live testimony, so no notary is involved when the will is signed.
West Virginia requires 2W. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source witnesses, each at least 18 yearsW. Va. Code § 16-30-4(g)-(i)Verified Oct 15, 2026View source old and present when you sign, and the agent or your healthcare provider cannot serve as one.
In West Virginia, estates with personal property of $50,000W.Va. Code § 44-1A-2Verified Sep 9, 2026View source or less use the Small Estate AffidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source, 60 daysW.Va. Code § 44-1A-2Verified Sep 9, 2026View source after death, a court filing short of full probate. Real property cannot pass through the affidavitW.Va. Code § 44-1A-2Verified Sep 9, 2026View source; an estate that includes real estate uses a separate process. An estate over the limit does not qualify, and no affidavit is prepared for it.
No. West Virginia does not require witnesses for a financial power of attorneyW.Va. Code § 39B-1-105Verified Sep 20, 2026View source; the notary acknowledgment is the execution formality.