West Virginia Estate Planning Laws

Key estate planning rules and requirements for West Virginia (WV)

Estate & Inheritance Tax

West Virginia does not impose a state estate tax. Residents are still subject to the federal estate tax for estates exceeding the federal exemption amount ($13.61 million in 2024).

West Virginia does not impose an inheritance tax.

Probate Process

West Virginia uses a both probate system. Estates valued below $50,000 may qualify for simplified small estate procedures, such as a small estate affidavit, which avoids full probate.

Elective Share: The surviving spouse may elect to take the augmented estate share based on length of marriage (UPC model).

Will Requirements

In West Virginia, a valid will requires:

  • The testator must be at least 18 years old and of sound mind
  • The will must be in writing
  • The will must be signed by the testator (or by another person at the testator's direction)
  • 2 witnesses must sign the will

Holographic (Handwritten) Wills: Recognized as valid in West Virginia. A holographic will must be entirely in the testator's handwriting and signed by the testator.

Self-Proving Affidavit: Notarization is required for a self-proving affidavit, which allows the will to be admitted to probate without witness testimony.

Digital/Electronic Wills: Not currently authorized under state law.

Power of Attorney

West Virginia provides a statutory power of attorney form that is widely accepted by financial institutions and government agencies.

A durable power of attorney remains effective if the principal becomes incapacitated. This is a critical estate planning document for West Virginia residents.

Medicaid Planning

West Virginia follows the federal Medicaid look-back period of 60 months (5 years). Any transfers of assets for less than fair market value made within this period before applying for Medicaid may result in a penalty period of ineligibility.

Planning for potential long-term care needs should begin well in advance of the look-back period. Consult with an elder law attorney in West Virginia for strategies specific to your situation.