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Last Will and Testament Template - West Virginia
A West Virginia Last Will and Testament is a legal document written in order to set forth how an individual wishes their property to be distributed upon their death. It is also the document used for naming a guardian for any minor children or dependants the individual may have.
Certain West Virginia-specific formalities must be followed when creating a Last Will or making changes to an existing one. If these are not observed one of two things can happen:
- When an individual dies without leaving a legal will their property and assets pass to their heirs according to the West Virginia intestacy law.
- The estate may pass to the individual's beneficiaries under the terms of a prior will if it exists, can be located, and considered valid.
The West Virginia Last Will is regulated by Chapter 41 ( Wills ), which lays down the signing of the will by the Testator in the presence of at least two (2) competent witnesses, present at the same time; and such witnesses shall subscribe the document in the presence of the Testator. Click on the link below to download a ready-made form or use our online form builder to make your personalized template.
What Is a Last Will and Testament in West Virginia?
On the whole, a Last Will and Testament allows a Testator to allocate their assets between any number of parties according to their wishes. Creating a will gives the Testator sole discretion over the distribution of their estate. If the Testator is the owner of a business or has any investments, their will can direct a smooth transition of those assets as well.
Making a will is a necessary - and, usually, a fairly simple - process that can save the Testator's family time, money, and give all parties peace of mind.
How to Write a Will and Testament in West Virginia?
Each state has its specific requirements that a Last Will and Testament template must meet to be legally acknowledged. A Testator is free to choose what to include in their will. The basic instructions for creating a will in West Virginia are as follows:
- The Testator must make a list of the people that they would like to elect as beneficiaries.
- The Testator should then create an inventory of all assets (real estate, vehicles, bank accounts) and calculate their worth.
- The money and property must then be split between the selected beneficiaries.
- A portion of the assets that will go towards paying inheritance tax, mortgages and funeral costs should be calculated and included in the will.
In most cases, it is best practice to select an Executor - a person that carries out a Testator's wishes in accordance with the will. Any adult 18 years or older and that has never been convicted of a felony can be an Executor for a will.
Download Last Will and Testament Template - West Virginia
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