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Additionally, West Virginia does not require probate for estates worth less than $100,000. Real estate assets do not count toward the $100,000 total. In this situation, a personal representative will file a legal affidavit after receiving notice from the state's appointed executor.

Nonprobate personal property means all property which does not pass by operation of the decedent's will or by the laws of intestate descent and distribution or is otherwise not subject to administration in a decedent's estate.

Under the Act, a “Small Estate” is defined as not exceeding (1) $50,000.00 in personal property; and (2) $100,000.00 in probate real estate. What is “Personal Property”?

Yes. You can create your own will in West Virginia. Many people with simple estates choose to make their own will and other estate planning documents, like a power of attorney and living will.

Additionally, West Virginia does not require probate for estates worth less than $100,000. Real estate assets do not count toward the $100,000 total. In this situation, a personal representative will file a legal affidavit after receiving notice from the state's appointed executor.

IMPORTANT NOTE: Notarization is NOT required for a valid will in West Virginia. A “Self-Proof Affidavit,” which is signed by the attesting witnesses, assists with probate and is usually used. The affidavit is notarized, which means that the notary as another person must be present and handling pages.

Here are the items that you absolutely can and should include in your Will: Your basic personal information. Legal language that declares testamentary intent. Your appointed executor. Your appointed guardian for any pets or minor children. A list of your property and named beneficiaries (with certain exceptions)

A codicil is a legal document that acts as a supplement to your last will and testament. In it, you can make changes to your will without having to rewrite your entire original will document.

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 ...