Is An Online Will Legally Valid in West Virginia?
West Virginia accepts online wills as valid, but only once you've completed the state's execution requirements. Take a look at what that means.
Don’t worry, FeedingBird is built to guide you through every one of these steps.
What Makes an Online Will Legally Valid in West Virginia?
Online wills are legal in West Virginia, but electronic wills are not currently allowed, so the document must be printed on paper. After printing, it must be signed by the testator, the person stating their wishes, and also signed by two witnesses. Notarization is only required if you are choosing a self-proving will, which can expedite probate proceedings.
West Virginia recognizes holographic, or handwritten, wills with no witnesses required, but the entire document must be written in the testator's own handwriting.
What You Need to Know about Online Wills in West Virginia
Estate laws are known for their complexity and most vary significantly by state. It's important to ensure your online will has been structured according to state law to avoid a long, complex legal process.
West Virginia Property Laws
West Virginia is a common law property state as opposed to a community property state. For the purposes of inheritance, this means an asset generally follows whose name is on the title, deed, or account.
West Virginia Probate
All wills go through probate in West Virginia unless the estate qualifies for the West Virginia Small Estate Act's simplified process, personal property up to $50,000, and no probate real property at all. Even a small amount of real estate disqualifies an estate from this process. Real property generally requires full probate, regardless of value. Otherwise, probate can only be avoided with a trust. West Virginia has no state estate or inheritance tax, and probate matters are handled by the County Commission rather than a dedicated probate court.
Avoiding Probate in West Virginia
- Put your assets in a revocable living trust to identify how they will be disbursed after your death.
- Name beneficiary designations on financial and retirement accounts to identify new owners for accounts.
- Place joint ownership with right of survivorship on property, granting automatic ownership of any joint property.
This is what you’ll need to put your trust together to avoid probate.
