How to Make a Will in North Carolina

In North Carolina, one can make a will by handwriting it, writing it themselves, employing the services of an estate planning attorney, or engaging LegalPen. This online will-writing company creates valid wills at an affordable cost. 

To create a will with LegalPen, contact us today

What are Steps to Create a Will in North Carolina?

Here is the procedure for creating a will in North Carolina

1. Compile a list of your assets and decide the ones you would like to include in the will;
2. Make a list of your intended beneficiaries;
3. Choose an executor who will be in charge of administering your estate;
4. In case you have minor children, choose a guardian;
5. In case you have pets, choose a guardian;
6. In case you want to disinherit any of your beneficiaries, make it clear in the will;
7. Write your will by yourself, with the help of an attorney or an online writing company, LegalPen;
8. Print your will.’
9. Sign your will before two witnesses and
10. Store your will.

What Happens if I Don’t Have a Will?

If you do not have a will in North Carolina, the North Carolina Intestacy Laws will apply upon your death. Your estate will be probated following the intestacy laws. Your spouse will inherit the property if you have no spouse or children; if you have no spouse or children, your property will be inherited by your parents. Your property will devolve to the state if you do not have parents. 

What Are the Requirements for Writing a Last Will and Testament in North Carolina?

The requirements of writing a last will in North Carolina include:

1. The will must be in writing;
2. The maker of the will must be an adult  (above 18 years) and be of sound mind; 
3. The testator must sign the will in the presence of two competent witnesses;
4. The witnesses must not have an interest in the estate’ and 
5. The will must be printed on paper; North Carolina does not recognize digital or electronic wills; 

How Often Should You Review and Update Your North Carolina Will?

You should revise and update your will every six months. This ensures that all your wishes, beneficiaries, and assets are captured in the will. You may also update your will any time you acquire new property, add beneficiaries or pets to your family, sell property, acquire debt, or pay debt. 

How to revise and update your will in North Carolina?

To make changes to a will, revise or update a will in North Carolina. The revision or update is made through an instrument known as a codicil. The formalities should make the amendments to the will. The update or revision has to be in writing, signed by the maker of the amendment, and witnessed by two independent adults. Additionally, the codicil should be attached to the original will or codicil. 

What Makes a Will Valid in North Carolina?

 For a will to be valid in North Carolina, the following must exist:

1. Age and Mental Capacity: the testator must be an adult (at least 18 years old) and have testamentary capacity, be of sound mind and reasoning;
2. The testator must have testamentary intent, outline the desired distribution of property;
3. The will must be in writing;
4. The testator must sign the will; and 
5. The will must be witnessed by two witnesses who are mentally competent and who do not have an interest in the estate of the deceased. 

Can a Handwritten Will Be Valid in North Carolina?

Yes, a handwritten will is valid in North Carolina so long as the make of the will is above 18 years and of sound mind. The handwritten will has to be signed by the testator. 

How Do I Sign My North Carolina Will?

In North Carolina, only wet ink signatures are acceptable. After creating a will, one needs to sign at the end of the will. When you create an online will, you should print the will and append wet ink signatures. The testator and two witnesses who are not beneficiaries of the will should sign the will. 

What Can I Include in an Online Will in North Carolina?

You can include the following in your online North Carolina will:

1. A list of your property and assets, such as real estate, personal property, digital assets, among others;
2. A list of your beneficiaries who will inherit from your estate;
3. A nominated executor who will be in charge of administering your estate;
4. A guardian for your pets and minor children;
5. Any special bequests and
6. Any final wishes on burials? 

Types of assets covered in a North Carolina will

The assets covered in a North Carolina will include:

1. Digital Assets, including social media profiles, online accounts such as YouTube accounts
2. Personal Property, including furniture, electronics, paintings, boats, planes
3. Real Property such as property, land
4. Bank accounts
5. Investments such as mutual funds, stocks, bonds, and retirement accounts, among others
6. Intellectual property such as trademarks, patents, copyrights, and royalties
7. Life Insurance Policies 

Can I Revoke or Change My Will in North Carolina?

Yes, you can change or revoke your will in North Carolina by the North Carolina General Statute S 31-5.1. The revocation and change process should follow the formal and legal requirements of changing or revoking a will. 

How do you Revoke or Change your will in North Carolina?

After making a will, you can change the will or revoke it. You can revoke the will by:

1. Make a new will that says you revoke the old will;
2. Tearing, burning, destroying, canceling, or obliterating the will to revoke it;
3. Instructing someone to destroy, cancel, burn, tear your will on your behalf, and
4. Make another writing which says that you revoke the will 

The North Carolina General Statute governs the revocation of wills in North Carolina. 

You can change your will by amending the will using – a codicil. The same legal and formal formalities should make the codicil of making the original will. 

Can I Make a Digital or Electronic Will in North Carolina?

Yes, you can make a digital or electronic will in North Carolina. However, they are not recognized by the laws of North Carolina. To ensure your will is valid, once you make the digital or electronic will, you should print it and have it signed with wet ink signatures. 

Who Can Witness a Will in North Carolina?

Any person who is above 18 years old, competent to make decisions, and has testamentary capacity can witness a will in North Carolina. Beneficiaries are advised against witnessing the will in North Carolina. It is advisable that other persons, such as lawyers and relatives, witness the signing of the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. The executor ensures your wishes are honored after your death. Additionally, executors manage and administer the decedent’s estate. They minimize wastage, theft, and misuse of the estate. 

What are the North Carolina will executor requirements? 

The North Carolina General Statute (N.C. Gen. Stat. § 28A-4-2 ), provides for who can be an executor in North Carolina; the executor must be:

1. At least 18 years old;
2. Be of sound mind and 
3. They should not have been convicted of a felony under federal or state law. 

In addition to the above requirements, the executor should not be illiterate. 

What Happens to a Will After Death in North Carolina?

After a person dies in North Carolina, their will will be filed with the Clerk of the Superior Court. After filing with the Clerk of the Court, the will becomes a public record, and the  property of the decedent will be dealt with in accordance with the wishes of the deceased. 

What is the Impact of Marriage and Divorce on Your North Carolina Will?

If a couple divorces in North Carolina, the North Carolina law revokes any language that leaves property to their former spouses after the marriage is dissolved. Additionally, the marriage of a bachelor or spinster in North Carolina revokes any will made before marriage unless the will was made in contemplation of the marriage. 

Do all wills in North Carolina have to go through probate?

No, not all wills have to go through probate; small estates can evade the probate process. They have to go through the probate process in North Carolina for complex estates. 

Is North Carolina a community property state?

No, North Carolina is not a community property state. While community property states implore the division of property equally, North Carolina embraces equitable distribution of property. Property is divided according to the spouses’ contribution, their needs and wants, and their interest in the property. 

How is North Carolina intestate succession done?

North Carolina intestate succession follows the North Carolina’s Intestate Succession Laws. If one dies without a will, their property will pass to the surviving spouses and children. The property will pass to the children if the person does not have a spouse. If the decedent did not have a spouse or children, the parents of the decedent will inherit the assets and the property of the decedent. 

How is Estate and Inheritance Tax in North Carolina done? 

As of 1st January 2005, North Carolina does not impose estate tax. Additionally, North Carolina does not impose inheritance. Beneficiaries do not have to pay taxes for the property they inherit from the decedent. It is important to note that tax law changes; thus, before planning your estate, you should consult an estate attorney on whether estate and inheritance taxes apply. 

What are the Differences Between a Simple Will and Pour-Over Will in North Carolina?

A simple will is a straightforward document that details one’s final wishes, whereas a pour-over will is a will made in conjunction with a trust. It directs that any assets not already in the trust at the time of the decedent’s death will be transferred to the trust.