West Virginia Estate Planning
Get your own affairs in order in West Virginia, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its West Virginia guide.
- Will
- West Virginia will requirements: age 18 and sound mind, a signed writing, two competent witnesses, holographic wills, and self-proving affidavits under 41-5-15. Read the guide
- Living trust
- How a West Virginia revocable living trust works: create it under the state Trust Code, fund it to avoid probate, and pair it with a pour-over will. Read the guide
- Power of attorney
- West Virginia power of attorney rules under Chapter 39B: durable by default, signed and notarized, no witnesses, and hot powers that need an express grant. Read the guide
- Healthcare directive
- How a West Virginia healthcare directive works: a living will or medical power of attorney signed before two witnesses and a notary, plus the surrogate order. Read the guide
Planning to prepare the will with an online service? See what West Virginia requires from an online will before you sign anything.
West Virginia estate planning guides
West Virginia Estate Planning Basics
West Virginia estate planning basics: the will, durable power of attorney, advance directive, and revocable trust most adults need, plus probate and taxes.
West Virginia Will Requirements
West Virginia will requirements: age 18 and sound mind, a signed writing, two competent witnesses, holographic wills, and self-proving affidavits under 41-5-15.
West Virginia Power of Attorney
West Virginia power of attorney rules under Chapter 39B: durable by default, signed and notarized, no witnesses, and hot powers that need an express grant.
West Virginia Healthcare Directive
How a West Virginia healthcare directive works: a living will or medical power of attorney signed before two witnesses and a notary, plus the surrogate order.
West Virginia Guardianship Planning
A West Virginia guardianship plan starts with a durable POA and advance directive. See how adult conservatorship and minor guardianship work if court is needed.
West Virginia Revocable Living Trust
How a West Virginia revocable living trust works: create it under the state Trust Code, fund it to avoid probate, and pair it with a pour-over will.
West Virginia Trust Administration
How a West Virginia successor trustee settles a revocable living trust after death under the state Uniform Trust Code: notice, accounting, and distribution.
West Virginia Transfer on Death Deed
A West Virginia transfer on death deed passes real estate to a beneficiary outside probate under W. Va. Code 36-12, stays revocable, and records before death.
West Virginia Pet Trusts
How a West Virginia pet trust works under W. Va. Code 44D-4-408: name a caregiver and trustee, fund an animal-care trust, and keep control while you live.
West Virginia Digital Assets Planning
How to access a West Virginia decedent's digital assets under Chapter 44, Article 5B: online tools, will and POA language, crypto, and executor access.
Not sure what you need in West Virginia?
Answer a few questions and we'll tell you which estate planning documents to set up first.
Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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