Short Answer

In North Carolina, you update your estate plan by signing a new will that clearly states it “revokes all prior wills and codicils.” If you execute the new will correctly (you sign in front of two witnesses), that revocation clause takes effect immediately—you do not file either will with the court during your lifetime. To avoid confusion, destroy prior originals and make the new will self‑proving so probate goes smoothly later.

How North Carolina Law Applies

North Carolina allows you to revoke an earlier will by executing a later will that expressly revokes prior wills or that is inconsistent with them. The new will must meet North Carolina’s execution rules. Once properly signed and witnessed, its revocation clause works right away; you do not need to file anything with the court while you are alive. After death, the original of your last will is presented to the clerk for probate. Adding a self‑proving affidavit to the new will simplifies that process by avoiding the need to track down witnesses.

Example: You signed a will in 2018. In 2025 you sign a new will that starts with “I revoke all prior wills and codicils.” If the 2025 will was properly executed with two witnesses, the 2018 will is revoked immediately upon that signing. You should collect and destroy old originals to prevent mix‑ups later.

Key Requirements

• Proper execution of the new will: A North Carolina attested written will must be in writing, signed by you, and witnessed by at least two competent witnesses who sign in your presence. A holographic will (entirely in your handwriting) is permitted but is not recommended for updates because it complicates proof later.
• Clear revocation language: Include an opening clause stating you revoke “all prior wills and codicils.” This avoids any doubt about which document controls.
• Self‑proving affidavit (strongly recommended): Add a notarized self‑proving affidavit to the will. This lets the clerk admit the will to probate without locating witnesses, saving time and expense for your family.
• Capacity and free choice: You must understand what you own, who your family/beneficiaries are, how your plan disposes of your property, and you must act free of undue influence or duress. These are standard will validity elements.
• Secure the original and remove old versions: Keep the new signed original in a safe place and retrieve and destroy old originals and marked‑up copies. Multiple versions can invite disputes.

Process & Timing

1. Plan the update: List your assets, beneficiaries, fiduciaries (executor/guardian/trustee), and any changes from your prior plan.
2. Draft a new will—not a handwritten edit: Do not cross out or write on your old will. Draft a complete new will that includes a revocation clause.
3. Execute with formalities: Sign the new will in front of two competent witnesses, each of whom also signs in your presence.
4. Add a self‑proving affidavit: You and both witnesses sign a notarized affidavit attached to the will making it “self‑proved.”
5. Collect and destroy old originals: Retrieve any originals or client copies you can, mark them “revoked,” and shred them. This reduces confusion and caveat risk.
6. Store the new original safely: Keep it where your executor can access it. You may optionally deposit it with the Clerk for safekeeping, but that’s not required.
7. Update non‑probate assets: Change beneficiary designations (retirement accounts, life insurance, payable‑on‑death accounts) so they align with your new will.
8. Tell your executor where the original is: Provide location and contact details so it can be promptly probated after death.
9. Consider “living probate” if contests are likely: In high‑conflict families or complex plans, you may ask a court now to declare your will valid, which can limit later challenges.
10. Revisit after life events: Marriage, divorce, births, deaths, or a move may warrant another update.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.3: Sets the execution requirements for an attested written will (your signature and two witnesses).
• N.C. Gen. Stat. § 31-3.4: Describes holographic (handwritten) wills and special proof requirements; not ideal for routine updates.
• N.C. Gen. Stat. § 31-11.6: Authorizes self‑proving affidavits; a self‑proved will is easier to admit to probate.
• N.C. Gen. Stat. § 28A-2A-8: Explains how a self‑proved will is admitted to probate without needing witness testimony.
• N.C. Gen. Stat. § 28A-2B-1 and § 28A-2B-4: Allow “living probate” to declare a will valid during your lifetime and, by court order, to require court approval for any later revocation or new will.
• N.C. Gen. Stat. § 31-5.3: Marriage does not automatically revoke a will; consider updating after marriage.
• N.C. Gen. Stat. § 31-5.4: Divorce revokes provisions in favor of a former spouse unless the will says otherwise; update promptly after divorce.
• N.C. Gen. Stat. § 31-5.8: A revoked will is not revived just because a later revoking will is destroyed; revival requires re‑execution or incorporation by reference in a new will.
• N.C. Gen. Stat. § 31-11: Lets you deposit your will with the Clerk for safekeeping (optional).

Exceptions & Pitfalls

• Destroying the new will does not revive the old one: Once a later will revokes an earlier will, the old will stays revoked unless you formally re‑execute it or execute a new will that incorporates it. See the revival rule above.
• Handwritten edits don’t work: Crossing out or writing on your old will usually has no legal effect and can create disputes. Use a properly executed new will or codicil.
• Multiple originals cause confusion: If you left signed originals with others, retrieve and destroy them. A missing original at death can lead to a presumption it was revoked.
• Non‑probate assets won’t follow your will: Update beneficiary designations (retirement, life insurance, POD/TOD accounts) so they match your new plan.
• Divorce changes results automatically: Provisions for an ex‑spouse are revoked by statute after divorce, but you should still sign a fresh plan to replace former spouse roles as executor, trustee, or agent.
• Consider living probate if a challenge seems likely: A court can validate your will now and, if ordered, require that any later revocation or new will also be court‑validated to be effective.
• Holographic wills are harder to prove: They require extra proof in probate. For updates, an attested, self‑proved will is usually better.

Helpful Hints

• Use clear revocation language at the start of the new will to avoid any ambiguity.
• Make the will self‑proving so the clerk can admit it without locating witnesses.
• Tell your executor where the original is stored; keep it accessible but secure.
• After signing, collect and destroy prior originals and marked‑up copies.
• Realign beneficiary designations and titling with the new plan.
• If family conflict is likely, document your capacity and independent decision‑making at the signing; meet privately with your attorney.

Talk to a Estate planning Attorney

If you’re ready to replace an old will with a new one and want it to automatically revoke prior versions, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.