Updated June 17, 2022
A North Carolina last will and testament is a legal document set forth by a testator (person to whom the will belongs) to ensure their estate is properly distributed upon their death in accordance with their wishes. A testator can determine how their real estate, fiduciary assets, personal property, and even digital property shall be dispersed among family, friends, and organizations– all according to the testator’s personal intentions and not those imposed by state law upon the death of an individual with no will. A will in North Carolina, once drafted, must be signed by two (2) witnesses who have acknowledged the testator’s signature. The document can also be notarized if the testator wishes to add an extra and optional layer of legal protection. It should be understood that as long as the testator is of sound mind, they may elect to change or revoke the document at any time.
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Laws
Definition – (G.S. 31-3.2) – “Will” includes an attested written will that complies with the requirements of G.S. 31-3.3 or a holographic will that complies with the requirements of G.S. 31-3.4.
Signing Requirements (G.S. 31-3.3) – Signed by the testator and attested by at least two (2) competent witnesses.
Statutes – Chapter 31 (Wills)
Video – How to Make a Will in North Carolina
How to Write
Step 1 – The establishment of ownership of the document is as simple as placing the full name of the testator in the top field of the document. The following must then be entered below the title:
- Testator’s name
- City
- County
- Reading of the remaining section
- Review of the title “Expenses and Taxes”
Step 2 – Nominate and Appoint the Executor (representative) –
- Testator must propose their appointment of their selected executor
- City of their residence
- County of their residence
- State
The testator should seriously consider provision of an alternate appointed executor in the event of illness or for any reason the initial selected executor should become unable or unwilling to serve the distribution of the estate- Once this person has been decided, provide the following information:
- Name of the 2nd selected representative (executor)
- City and County
- 2nd Selected executor’s residential state
Step 3 – Disposition of Property to Stated Beneficiaries:
Beneficiaries – The following information is required:
- Name of each respective beneficiary
- Enter an address for each person named
- Specify the beneficiary’s relationship to the testator
- Enter the last four digits of the SSN for all named beneficiaries (required)
- Provide description(s) of any property bequeathed to each person named in the document
Step 4 – Advised review all of the titled sections, as follows:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – Persons who shall serve as signatories, must be collectively present during the signing of the document. Also enter:
- Name the Testator
- Date the testator’s signature
- Testator’s signature
- Testator’s printed name
Witnesses – Witnesses review the section, then enter:
- The signatures must be dated in dd/mm/yyyy format
- Name of the testator
Witness 1 –
- Signature
- Current Address of witness
Witness 2 –
- Signature
- Current Address of witness
Step 6 – Testament of Affidavit – All parties must review and then enter the following:
- State of
- County of
- Enter the Testator’s name
- Witness name
- Witness name
- AND
- Testator must provide signature
- 1st Witness must provide signature
- 2nd Witness must provide signature
Step 7 (Optional) – Notarization of Document – The remainder of the document will be completed by the notary as required.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF