Short Answer

In North Carolina, an attested written will offered for probate must bear the testator’s and witnesses’ original, wet-ink signatures. A self-proving affidavit (notary acknowledgment with the required wording) often appears at the end and allows probate without witness testimony. If you only have a photocopy, you may ask the court to compel the original or, if it’s genuinely lost, seek to probate a copy with additional proof.

How North Carolina Law Applies

For a typical attested will, the clerk requires original signatures from the testator and two witnesses. A true original feels like regular paper with ink signatures; toner or pixelation across an entire page usually signals a copy. Many wills include a self-proving affidavit signed by the testator and witnesses before a notary; this affidavit lets the clerk admit the will without locating witnesses. For a handwritten (holographic) will, the original must be entirely in the testator’s handwriting and signed by the testator.

If you cannot confirm the document is original, you can: (1) contact the drafting law firm to ask whether they kept the original and provided you a client copy, (2) ask the clerk if the testator deposited the will for safekeeping during life, or (3) use court procedures to compel someone to produce the original. If the original cannot be found despite a diligent search, North Carolina allows probate of a lost will with specific evidence, but there is a rebuttable presumption that a missing original last in the testator’s possession was revoked.

Key Requirements

• Attested (typed or handwritten) wills: Must be signed by the testator and attested by at least two competent witnesses. To be self-proved, the will must include the specific acknowledgment/affidavit language signed before an authorized officer. An original shows wet-ink signatures for the testator and witnesses; the notary’s certificate may be stamped or embossed.

• Holographic (handwritten) wills: Must be entirely in the testator’s handwriting and signed by the testator. Originals matter here because handwriting is the key proof. Probate requires testimony about the handwriting; a copy complicates that proof.

• Self-proving affidavit: If present and properly completed, the clerk can admit the will without witness testimony. If missing or defective, the clerk may require witness affidavits or other proof.

• Duplicate originals vs copies: Sometimes people execute two identical originals. Either can be probated. But if the original last in the testator’s possession can’t be found at death, North Carolina law presumes the testator revoked it. That presumption can be overcome with evidence.

Process & Timing

1. Check physical features: Look for wet-ink signatures for the testator and two witnesses, the self-proving affidavit with notary certificate, and intact staples. Avoid removing staples or altering pages.

2. Confirm custody: Call the drafting law firm to ask if they hold the original. Ask the clerk if a will was deposited for safekeeping during life. If another person is withholding the will, you can apply to the clerk to compel production.

3. File promptly: The named executor should present the original will to the clerk as soon as possible. If the named executor does not act within 60 days of death, a devisee or other interested person may apply after giving 10 days’ notice to the named executor.

4. If only a copy exists: Gather evidence to show due execution, the contents, diligent search, and that the loss was not a revocation by the testator. The clerk can admit a lost will on “clear, strong, and convincing” evidence. Expect to provide affidavits from witnesses or other competent proof.

5. After probate: The original will stays permanently with the clerk as a public record; you can obtain certified copies for use with banks, title companies, and others.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.3 — Attested written wills must be signed by the testator and attested by at least two competent witnesses.

• N.C. Gen. Stat. § 31-3.4 — Holographic wills must be entirely in the testator’s handwriting and signed by the testator.

• N.C. Gen. Stat. § 31-11.6 — Self-proving affidavits; when present and proper, witness testimony is unnecessary to probate an attested will.

• N.C. Gen. Stat. § 28A-2A-8 — Manner of proving attested wills (with witnesses, handwriting proof, or other competent evidence if witnesses are unavailable).

• N.C. Gen. Stat. § 28A-2A-9 — Manner of proving holographic wills (handwriting testimony requirements).

• N.C. Gen. Stat. § 28A-2A-4 — Proceeding to compel production of a will if someone has it and will not submit it.

• N.C. Gen. Stat. § 28A-2A-1 and § 28A-2A-2 — Who may apply to probate a will and timing if the named executor delays.

• N.C. Gen. Stat. § 28A-2A-13 — After probate, the original will remains with the clerk as a public record; certified copies may be recorded in other counties if needed.

• N.C. Gen. Stat. § 31-46 and § 28A-2A-17 — Out-of-state wills and certified copies; when they can be accepted in North Carolina.

• N.C. Gen. Stat. § 28A-2A-10 — Nuncupative (oral) wills and related time limits (less common, but different proof rules apply).

Exceptions & Pitfalls

• Don’t remove staples: Pulling staples or rearranging pages can raise questions about tampering and may force extra proof. Keep the document exactly as found.

• Missing original creates risk: If the original was last in the testator’s possession and can’t be found, the law presumes revocation. You can rebut that with evidence (for example, loss in a fire), but expect heightened scrutiny.

• Self-proving defects: If the affidavit is incomplete or incorrect, the will may still be valid, but the clerk will likely require witness affidavits or other evidence, which can delay probate.

• Holographic will copies: A photocopy of a handwritten will is hard to prove because the court needs handwriting evidence. Preserve any originals and get handwriting witnesses lined up.

• Out-of-state wills: These can be valid here if execution met the law of the place of signing or domicile, but you may need certified records from that state to satisfy North Carolina’s clerk.

Helpful Hints

• Handle the will gently; do not remove staples, write on it, or laminate it.
• Scan a working copy for your records and keep the paper original in a protective sleeve or folder.
• Call the drafting law firm first—they often know whether you’re holding an original or a client copy.
• Ask the clerk’s office if the will was deposited for safekeeping during the testator’s life.
• If a person refuses to turn over the original, ask about filing to compel production.

Talk to a Probate Attorney

If you’re unsure whether a will is an original or you only have a copy, our firm can help you confirm authenticity, compel production, or pursue a lost-will probate if needed. 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.