How to Make a Last Will and Testament in North Carolina

A Last Will and Testament, or a Will, is a legal document that states how a person's assets and properties must be divided according to his desires after the person dies. It allows a person to make decisions regarding personal property division, family members like guardians for minor children, etc.

North Carolina law has specific regulations regarding personal property division and other essential matters of a deceased person. So, a person must understand various essential points to write a valid Will in North Carolina to ensure his last wishes will be fulfilled after his death.

Why should you make a Will in North Carolina?

Creating a Will is not a legal requirement in North Carolina; however, a person dying without a valid Will may not be able to ensure his wishes are being carried out. Furthermore, the beneficiaries of the deceased person may not be able to dispute the court's orders on property distribution and other important matters.

North Carolina Wills safeguards a person's wishes on various matters, including the distribution of assets like homes, vehicles, bank accounts, etc.

One of the most vital reasons for making a Will is that it lets the person, or testator, select a trustworthy person to manage property left behind by the testator. Furthermore, the testator may also select a personal representative to care for his minor children, assets, or both.

What will happen when you die without a Will in North Carolina?

When a person dies without a valid Will in North Carolina, the court determines the distribution of the person's assets according to the state's "intestacy laws."

According to North Carolina intestacy laws, the deceased person's property will be given to his closest relatives, starting from his surviving spouse and children, if any. If the person has neither, the court may pass on the property to parents or grandchildren.

Without parents or grandchildren, the court may further pass on the property to distant relatives like siblings, cousins, nieces, nephews, etc.

Further on, the assets may be distributed to the state without any living relative by blood or marriage.

Steps to create a valid Will in North Carolina

To make a valid Will in North Carolina, the following key points must be followed:

• Determine the estates and possessions to be included in the Will.
• Determine the beneficiaries of the possessions.
• Name an executor to handle the property.
• Name a guardian for minor children, if any.
• Write a Will.
• Sign the Will before two witnesses and store it in a secured place.

What are the requirements to make a Will in North Carolina?

To create a valid Will in North Carolina, the testator should be at least 18 years of age and with a sound mind.

Further, a Will must be written in the testator's presence and signed by two disinterested witnesses along with the testator. Under circumstances that the testator is unable to sign for himself, he may ask a witness to sign it on his behalf.

Why should you name an Executor in your Will?

An executor is a person chosen by the testator who may ensure the instructions in the Will regarding the decedent's estate or any other instruction is carried out as per his wishes. An executor should be at least 18 years of age and sound mind.

In the absence of an executor in a Will in North Carolina, the probate court may appoint a person to take over the task of closing the estate.

Types of Wills accepted in North Carolina.

North Carolina accepts Wills that satisfy federal and state requirements. Below are the types of Wills accepted in the state.

Holographic Will

A holographic Will or a handwritten Will, signed by the testator alone, without any witnesses vouching for it, is generally accepted in North Carolina if certain conditions are met.

It must be written entirely by the testator in his own handwriting, signed, and must be found with the testator's important or legal documents. Also, when writing a holographic Will, a testator must be cautious about including important provisions and maintain clear language to avoid legal complications.

However, holographic Will may delay the process in probate court since the court may require witnesses to prove the authenticity of the testator's handwriting.

Nuncupative Will

A nuncupative or an oral Will is accepted in North Carolina under certain circumstances. For instance, if the testator is in immediate danger of death or the last stage of sickness and does not survive the illness or danger.

Furthermore, it must be declared as the testator's last Will and testament before two competent witnesses, specifically asked by the testator to act as witnesses to the Will.

Do you need a lawyer to create a valid Will in North Carolina?

Although one is not legally required to have a lawyer or attorney to make a Will, an experienced attorney from a law firm may be consulted on special circumstances for deeper insights and to make profound decisions.

Do you need to have your Last Will and Testament notarized?

In North Carolina, notarizing a Will is not legally required. A Will can be self-proving. It means two disinterested witnesses should sign the Will in the presence of a notary and the testator.

When a Will is not self-proving, the court needs to confirm the validity of the signatures of the witnesses and the testator, which may require additional time and money.

How to revoke or change North Carolina Wills

A Will can be revoked at any time by burning, tearing, or simply destroying the Will by the testator or someone under the testator's instructions. Alternatively, creating a new Will can revoke the old one.

A last Will in North Carolina can be changed at any time by creating a new Will or codicil following the same formalities.

How is a Last Will and Testament different from a Living Will under North Carolina law?

A living Will is a legal document specifying medical and end-of-life care decisions. To write a Living Will in North Carolina, a person should be at least 18 years of age and have a sound mind. He may write his living Will and sign it with two competent witnesses. Furthermore, it must be confirmed by a notary public.

A testator may file a living Will at Advanced Healthcare Directives in North Carolina.

On the other hand, a last Will and testament deal with concerns about issues like a person's assets distributed after death. A last will and testament are usually consulted after the testator's death, whereas a Living Will is consulted during the person's life.

Closing Thought

Creating a Will is an important step in ensuring the rights and future of your family and loved ones. A Will properly created can safeguard the wishes and interests of the testator and the beneficiaries.

A testator may create his own Will or seek professional help from an estate planning attorney to create a Will in North Carolina.