How it works. Pick the state where the will is being signed. You get how many witnesses to bring, whether to have a notary for the self-proving affidavit, what ID to bring and who shouldn't witness, with the statute's own words and link.
Signing-day checklist
West Virginia
Witnesses: 2 · Notary: for the self-proving affidavit
"at least two competent witnesses, present at the same time"
Witnesses to bring
- Bring 2 witnesses.
- The rule: Two witnesses present at the same time, who sign in the testator's presence and each other's.
- Pick witnesses who get nothing under the will and aren't married to someone who does.
- If a beneficiary would have to witness, stop and call the lawyer first: A gift to a witness, or to a witness's spouse, is void. A witness who would inherit anyway keeps up to the value of the gift.
Notary and the self-proving affidavit
- Have a notary or another officer who can administer oaths there for the self-proving affidavit. The statute names that officer rather than notaries by name.
- Witnesses can sign affidavits at the testator's request before any officer authorized to administer oaths. Keep them with the will. They can't be used if the will is contested.
- A notary notarizes signatures. A notary doesn't draft the will or say what it should contain.
ID to bring
- Testator: a current government-issued photo ID. A notary has to identify each person whose signature is notarized.
- Each witness: a photo ID, plus a home address and phone number, which some forms ask for.
Who should not be a witness
- Anyone who gets something under the will, or that person's spouse.
- Anyone who can't watch the testator sign or hear the testator acknowledge the signature.
- The notary taking the self-proving affidavit, since a notary can't notarize their own signature.
- The rule here: A gift to a witness, or to a witness's spouse, is void. A witness who would inherit anyway keeps up to the value of the gift.
On signing day
- Read the will through before anyone signs. Changes go back to the lawyer, not onto the page by hand.
- The testator signs (or acknowledges the signature) while the witnesses watch, then each witness signs.
- This checklist is for a typed will signed with witnesses. A handwritten will follows different rules: Recognized. Witnesses aren't needed for a will wholly in the testator's handwriting.
After signing
- Keep one original. Write down where it is stored and who knows where it is.
- Don't staple, unstaple or mark the original after signing.
- Give the executor a copy and the location of the original.
Not confirmed on an official page we opened: electronic wills, remote witnessing. Ask the lawyer.
Official source: W. Va. Code Chapter 41, Article 1, Making of Wills (West Virginia Legislature) · W. Va. Code Chapter 41, Wills (West Virginia Legislature) · More on West Virginia
MCC Solutions provides notaries and witnesses for signings in New Jersey (estate planning signings, the estate planning signing package, witness services). Elsewhere, a local notary can help with the self-proving affidavit.
Before signing day
Have the lawyer send the final will in advance and confirm who will be in the room. Book the witnesses and the notary for the same time, and pick a place with a table and enough quiet to read. If the testator is in a hospital or care facility, ask the facility about visitors and whether staff are allowed to witness; many aren't. For every state at once, see will witness requirements by state.
General information, not legal advice; we are not lawyers. Have a lawyer prepare or review your will. Checked November 2026 against the official statute pages linked in each checklist. Rules change, and how a rule applies to one will is a question for a lawyer licensed in the state. A notary can't give legal advice or draft a will.
Questions about the checklist
Which state's rules apply?
Usually the state where the will is signed, and often the state where the testator lives. When they differ, or the testator owns property in another state, the lawyer preparing the will decides which rules to follow.
Who should be a witness?
Adults who know the testator, can watch the signing, and get nothing under the will. Neighbors, friends and office staff often serve. Family members who inherit, and their spouses, shouldn't.
Do the witnesses need to know what the will says?
No. Witnesses confirm that the testator signed, or acknowledged the signature, willingly and in their presence. They don't need to read the will.
What if no notary is available on signing day?
The will can still be signed with witnesses. In several states the self-proving affidavit can be added later while the witnesses can be found; the checklist says so where the statute does.
Does this page save what I pick?
No. The state travels in the page address only, so a link such as ?state=ny opens the same checklist, and it works without JavaScript.
Related guides: Self-proving affidavit for a will · Living will signing and witnesses · Notary versus witness requirements · Become a witness