Detailed Answer

Short answer: If a will is not properly signed under West Virginia law, the probate court can refuse to admit it as a valid will. When that happens, the estate is typically administered under West Virginia’s intestacy rules and a court-appointed administrator will handle distribution and debts. Below is a clear explanation of why this happens, what the court looks for, and what steps interested people should take.

Why proper signing matters in West Virginia

Under West Virginia law, most wills must be in writing, signed by the person making the will (the testator), and witnessed. See the state statutes on wills for the exact formal requirements: W. Va. Code, Chapter 41 (Wills). If those formal steps are missing, the court may determine the document does not meet the statutory definition of a will and therefore cannot be admitted to probate.

What the probate court will do when a will appears improperly signed

• Review formal execution: The court checks whether the document meets the statutory execution rules (signed by the testator and properly witnessed).
• Consider evidence: The court may accept affidavits or testimony about whether the document was actually signed by the testator or was intended to be the testator’s final will.
• Decide admissibility: If the court finds the document fails to meet West Virginia’s formal requirements, it can refuse to admit it to probate as a valid will.
• Handle administration: If the will is not admitted, the estate generally proceeds under intestacy rules unless there is another valid will. See W. Va. Code, Chapter 42 (Descent and Distribution) for the intestacy scheme.

Practical consequences if the court treats the will as invalid

1. Named beneficiaries lose rights under that document. Property is distributed according to intestate succession (family-based priority set by statute).
2. The person named as executor in the invalid will usually has no legal authority; the court will appoint an administrator (often a close relative) to manage the estate.
3. Creditors still have the right to be paid from estate assets before distributions occur. The administration process continues, but under intestacy rules rather than the decedent’s will.
4. Property that passed outside probate (joint accounts, beneficiary designations, trusts) remains governed by those instruments and is typically unaffected by the will’s invalidity.

Possible defenses or remedies when execution is imperfect

Even if a signature or witnessing is flawed, interested parties sometimes have options. These are complex and fact-specific; common possibilities include:

• Submitting witness affidavits or other evidence to show the testator intended the document as a will.
• Arguing the document should be admitted under any statutory or common-law doctrines that allow for substantial compliance or harmless error (available in some jurisdictions).
• Seeking equitable remedies (for example, arguing the document reflects the decedent’s clear testamentary intent and should be given effect).

Whether these arguments will succeed depends on West Virginia law, the specific facts, and the evidence available. Consult a probate attorney promptly to evaluate these options.

Steps to take right away

1. Do not distribute estate assets on your own. Wait for court instruction or a formal appointment of a personal representative/administrator.
2. Locate the original document and any drafts, notes, or correspondence showing the decedent’s intent.
3. Identify and preserve potential witnesses (people present when the document was signed or who heard the decedent express wishes).
4. Collect financial records and lists of assets and creditors to speed administration.
5. Contact a West Virginia probate attorney quickly—time limits and procedural rules can affect challenges and defenses.

Hypothetical example

Suppose Jane dies leaving a typed document naming her niece as heir, but the document lacks the testator’s signature and only one person witnessed it. When her family submits the document to the local probate court, the judge finds it does not meet the statutory formalities. The document is not admitted as a will. Jane’s estate proceeds under West Virginia’s intestacy statutes, which distribute property to surviving relatives according to the hierarchy in Chapter 42. The niece may try to prove Jane’s intent with witnesses and other evidence, but the court decides admissibility based on the evidence and legal standards.

Common questions

Q: If a will is invalid, who runs the estate? A: The court appoints an administrator (often a close relative) to manage the estate under intestacy rules.

Q: Can a handwritten note without witnesses be a valid will? A: West Virginia generally requires statutory formalities. Handwritten (holographic) documents without required witnesses are at high risk of being invalid unless a specific statutory exception or persuasive evidence exists.

Helpful Hints

• Preserve the original document: Courts prefer originals, not copies.
• Gather contemporaneous evidence: emails, letters, recorded statements, or drafts showing the decedent’s intent can help.
• Act quickly: probate and contest deadlines vary; delay can weaken your position.
• Don’t transfer estate assets yourself: unauthorized transfers can create liability and complicate administration.
• Talk to a probate attorney in West Virginia: they can review the facts, advise on admissibility, and represent interested parties in court.
• Check beneficiary-designated accounts and deeds: assets passing outside probate may not be affected by a will’s invalidity.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. It explains general principles of West Virginia law and is not a substitute for advice about your specific situation. If you need legal guidance, consult a licensed West Virginia probate attorney.