A will that you executed in another state may not be valid in West Virginia. A will is executed when it is signed by the testator and by witnesses. Wills must conform to the law of the state where the will is probated; the law of the state where a will is created doesn’t matter if the will is probated in a different state. If the laws differ, a valid will in another state may not be valid in West Virginia.
For example, say you have your will executed in another state. That state’s law may not require witnesses to sign a will signed by the testator. If you move to West Virginia and the will is not signed by witnesses, it may no longer be valid because West Virginia requires that most wills be signed by two witnesses.
If you have a will that you executed in another state, you should check with an attorney in West Virginia to see that all of the requirements for a will in West Virginia are met.
For more information, see: In re Estate of Briggs, 148 W. Va. 294, 134 S.E.2d 737 (1964); Woofter v. Matz, 71 W. Va. 63, 76 S.E. 131 (1912); Lotz v. Atamaniuk, 172 W. Va. 116, 304 S.E.2d 20 (1983); 20 Michie’s Jurisprudence Wills § 3 (2009).