Advance Directive Form

West Virginia’s Advance Directive form authorizes a healthcare proxy and specifies an individual’s living will. It must be signed by the individual, proxy, and witnesses.

How to Order a Death Certificate

Only the deceased’s family members, their legal representatives, and persons holding a court order can obtain a death certificate in West Virginia. The following information is required for an application:

• Deceased’s name and sex
• Date and place of death
• Applicant’s name, address, phone number, e-mail
• Applicant’s relation to the deceased or another purpose for the request and proof of the fact
• Copy of applicant’s government-issued photo ID

The certificate and one certified copy cost $12. Cash is only accepted for requests made in person.

The application can be handed at or mailed to:

Vital Registration

350 Capitol Street, Room 165

Charleston, WV 25301-3701

Digital Estate Planning Laws

SB 102 Uniform Fiduciary Access to Digital Assets Act authorizes an individual’s legal representative who can access and control their digital assets and communications. This bill came into effect on June 5, 2018.

Death With Dignity or Aid-in-Dying or Physician-Assisted Death

West Virginia currently has no legislation regarding assisted death. Updates on this matter can be found here.

Organ Donation Registry

West Virginia’s organ donation registry can be accessed here.

Physician Orders for Scope of Treatment (POST)

West Virginia’s POST form must be obtained from your physician. The form should be completed only after a conversation with a patient or their representative. It’s necessary for patients who are at risk of a life-threatening clinical event due to a life-limiting medical condition.

Probate Laws

Information on West Virginia’s legislation on a decedent’s will regarding their estate and other assets can be found in Chapter 44: Administration of Estates and Trusts.

Estate and Inheritance Tax

West Virginia has no estate or inheritance tax.