Are there any time limits for filing a will?

In West Virginia, there are certain time limits for filing a will. Wills must be filed with the probate court within one year of the testator’s (the person making the will) death. After one year, the will is deemed invalid and assets will pass according to intestacy laws, which are West Virginia’s default laws on how to distribute estate assets when there is no will. Parties that have an interest in the estate - such as a beneficiary of a will or an heir of someone who died without a will - should file the will as soon as possible. In addition to a one-year time limit, a will can be contested by claiming a more recent, valid will exists. In West Virginia, this claim must be made within three years of the testator’s death. If it is discovered that a more recent will does exist, it is applied to the estate and the older will is invalidated. In the case of a lost, stolen, or destroyed will, the court may admit a copy of the original into probate. To do so, there must be evidence that the will was in existence at the time of death. This evidence must be presented within five years of when the will was first filed. If this evidence is not presented in the five years, the court will not admit the will into probate. In summary, in West Virginia, a will must be filed within one year of the testator’s death, a lost/destroyed will must be accounted for within five years, and any claim of a more recent will must be made within three years.

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Are there any time limits for filing a will?

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