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5) Virginia allows for handwritten, or holographic, wills. Such wills must be written entirely in your own handwriting and signed and dated by you; they do not need to be witnessed.
No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or
Do I Need a Lawyer to Make a Will in West Virginia? No. You can make your own will in West Virginia, using Nolos Quicken WillMaker Trust. However, you may want to consult a lawyer in some situations.
There is no requirement for a will to be docHubd in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be docHubd (W. Va. Code 41-5-15).
Does a Will Have to Be Probated in Virginia? A will must be filed with the court in the county where the deceased person lived before their death. Even if the estate doesnt go through probate, the will must be presented to the court.
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A will wholly in the testators handwriting is valid without further requirements, provided that the fact that a will is wholly in the testators handwriting and signed by the testator is proved by at least two disinterested witnesses.
Under West Virginia law, a will must be filed with the court within 30 days after the death of the testator. West Virginia Code 41-5-1. So, after you pass away, your will should be filed in your local probate court by the person named to be your personal representative (also called an executor or administrator).
The basic requirements for a West Virginia last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his direction.
NOTARY REQUIREMENTS There is no requirement for a will to be docHubd in West Virginia, unless the will contains a self-proving affidavit. The self-proving affidavit must be docHubd (W. Va. Code 41-5-15).
West Virginia and just over half of the remaining states recognize handwritten wills. But state law sets out specific requirements for a holographic will in West Virginia to be valid, and testators should use caution in choosing to leave direction to family and loved ones in this manner.

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