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Making a Last Will and Testament in West Virginia
A West Virginia Last Will and Testament (a "Will") is a legal document that lays out your preferences in relation to property distribution after death, such as who will inherit your personal belongings, your money, or your home.
The individual making a Will is called the "testator," and the individuals or organizations appointed to oversee the testator's estate after death are called "executors." Designed for West Virginia residents, this Last Will and Testament can be used in Kanawha County, Berkeley County, Monongalia County, and in all other regions in the state. Each West Virginia Will from Rocket Lawyer can be fully customized to address your unique situation. As a result of having this official document, your executor(s) will have a record of your decisions.
It's very simple to document your wishes with a free West Virginia Last Will and Testament template from Rocket Lawyer:
This solution will often end up being notably more affordable and convenient than finding and working with the average law firm. If needed, you may fill out this Last Will and Testament on behalf of your spouse, an elderly parent, or another relative, and then help them sign when ready. Keep in mind that for a Will to be considered legally valid, the testator must be a mentally competent adult when they sign. In the event that the testator has already been declared legally incompetent, a conservatorship may be necessary. When facing such a scenario, it would be a good idea to speak with an attorney.
Everyone over 18 years old ought to have a Last Will and Testament. While it may be painful to acknowledge, your loved ones will want to know your wishes for guardianship (if applicable), your property, and/or assets should you pass away. Common circumstances where you may consider it useful to make or update your Will include:
Whether your West Virginia Last Will and Testament is being generated as part of a long-term plan or produced in response to a recent change in your life, notarization and/or witnesses will often help to protect your document if someone challenges its authenticity.
Writing a Will is normally straightforward; however, you or your executor(s) might have legal questions. Hiring a legal professional to check your West Virginia Last Will and Testament can be expensive. A more cost-effective alternative would be via attorney services at Rocket Lawyer. When you become a Premium member, you can get your document reviewed or ask any legal questions. As always, you can rest assured that Rocket Lawyer is by your side.
The fees associated with hiring an attorney to write a Last Will and Testament could add up to anywhere between $200 and $1,000, depending on where you are. Rocket Lawyer offers much more than most other Last Will and Testament template providers that you may find. As a Rocket Lawyer Premium member, you can get up to a 40% discount when hiring an attorney from our network.
With a Premium membership, you will be able to make edits, download it in PDF format or as a Word document, and/or print it out. To make your West Virginia Last Will truly legal, you need to sign it. Be sure to store the original signed document in a safe location. It is critical that someone knows where it can be found after you have passed.
The specific rules and restrictions will be different by state; however, in West Virginia, your document requires two witnesses. As a basic rule, your witnesses will need to be competent people. If either of the two witnesses is also listed as a beneficiary of the Will, then any gift to that person will be void unless there is a third witness who is disinterested in the Will. Furthermore, it is recommended that your Will be acknowledged by a notary public in order to help reinforce its legitimacy.
See legal references for a Will in West Virginia: § 41-1-3
A Will does not need to be filed with the county until the testator passes away. In the state of West Virginia, the executor must file the Will with the probate court within 30 days of the testator's death. Filing a Will (along with any specific forms needed by the county) initiates probate.