Short Answer

In North Carolina, you don’t edit a signed will. You either sign a codicil (an amendment to your will) or execute a new will that expressly revokes the old one. Both options must be executed with the same formalities as a will, typically with two witnesses, and can be made self-proved to simplify probate. If your will is on file with the Clerk for safekeeping, the Clerk will not alter it—you must sign the new document and deposit that instead.

Understanding the Problem

In North Carolina, how can I change my existing will that’s already “recorded” with the Clerk of Superior Court, without starting over? You and your spouse are considering simple individual or joint wills and want clarity on the cleanest way to update the current document. The key decision is whether to amend by codicil or replace the will entirely so your updated plan is honored.

Apply the Law

North Carolina law treats any change to a will as a new testamentary act. You can: (1) execute a codicil to add, delete, or tweak provisions, or (2) execute a new will that expressly revokes prior wills. A codicil must be executed with the same formalities as a written will (usually the testator’s signature and two witnesses), and it “republishes” your will as of the codicil’s date. Handwritten cross‑outs on the original are not a safe way to change a will and can create revocation disputes. If your existing will is deposited “for safekeeping” with the Clerk, you cannot edit it there; you would sign the codicil or new will and deposit the updated original.

Key Requirements

• Choose the vehicle: Use a codicil for limited, targeted updates; use a new will for broader changes or if your overall plan shifts.
• Follow execution formalities: Sign in the presence of two competent witnesses; consider making the document self‑proved to streamline probate.
• Use clear revocation language: If replacing your will, include a clause revoking all prior wills and codicils.
• Avoid handwriting on the original: Do not mark up a signed will; informal edits are ineffective and risk disputes.
• Safekeeping logistics: If a prior will is on deposit with the Clerk, withdraw it and deposit the updated original; the Clerk won’t modify documents already on file.
• Joint vs. individual wills: Reciprocal individual wills are common; a contract‑style joint/mutual will can restrict later changes.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Two-witness execution requirements for written wills.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of wills) – A later writing (will or codicil) can revoke a prior will; physical acts can also revoke.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – How to make a will or codicil self‑proved to simplify probate.
• North Carolina Gen. Stat. § 31-11 (Depositing will for safekeeping) – Depositing a will with the Clerk while the testator is alive.

Analysis

Apply the Rule to the Facts: Because you want to update a will already on file and are weighing simple individual or joint wills, the cleanest path is either a short codicil for narrow changes (for example, swapping a guardian) or a new will for broader updates (like changing beneficiaries or executors). Execute with two witnesses and consider a self‑proving affidavit. If your current will is deposited with the Clerk, you would deposit the newly executed document; the Clerk will not alter the one on file.

Process & Timing

1. Who files: You (the testator). Where: Execute before two witnesses in North Carolina; optionally deposit the signed original with the Clerk of Superior Court in your county for safekeeping. What: A codicil or a new will; include self‑proving acknowledgments if desired. When: As soon as your wishes change; major life events (marriage, divorce, birth/adoption) are common triggers.
2. If a prior will is on deposit, request withdrawal and deposit the updated original. Local office procedures can vary; allow time for scheduling and ID checks.
3. Store copies securely and tell your named fiduciaries where the original is kept. The updated document controls at death.

Exceptions & Pitfalls

• Do not handwrite edits on your will. Strikethroughs and notes typically won’t amend a will and can trigger revocation disputes.
• Be cautious with joint/mutual wills. If drafted as a binding contract, you may be restricted from changing terms later, especially after one spouse’s death.
• Make it self‑proved. Otherwise, witnesses may have to be found later to probate the will or codicil.
• Use clear revocation language in a replacement will. Avoid accidental partial revocations or inconsistent documents.
• If you rely on a separate writing (like a property list), ensure your will properly incorporates it by reference; otherwise, it may have no effect.

Talk to a Estate Planning Attorney

If you’re dealing with updating a will that’s already on file and want a simple, clean path forward, 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.