Short Answer

Yes. In North Carolina, spouses can sign their wills at the same meeting and make their plans match. The safest approach is for each spouse to sign an individual will (often called “mirror” or “reciprocal” wills). North Carolina also permits a single “joint” or “mutual” will, but those can unintentionally restrict the survivor’s ability to change the plan later if they include binding contract language.

Understanding the Problem

You want to update an existing recorded will and are deciding whether you and your spouse can handle your wills together in a simple way, with clear fees for an initial consultation retainer and a follow‑up drafting charge. The decision point is: in North Carolina, can a married couple sign wills together, and if so, what form should those wills take to meet your goals?

Apply the Law

North Carolina law allows spouses to execute wills at the same time. Each spouse must sign their own will. A valid attested will must be signed by the testator and witnessed by at least two competent witnesses who sign in the testator’s presence. Notarization is not required for validity, but adding the statutory self‑proving affidavit makes probate faster later. A new will can revoke a prior will by an express revocation clause. If a couple chooses a single “joint” or “mutual” will with language that looks like a contract, the survivor can be bound to keep that plan after the first spouse dies.

Key Requirements

• Separate wills for each spouse: North Carolina permits coordinated signing, but each spouse executes an individual will unless you intentionally choose a single joint/mutual instrument.
• Proper execution: The testator signs and at least two competent witnesses sign in the testator’s presence; witnesses need not sign in each other’s presence.
• Self‑proving option: Adding the statutory self‑proving affidavit before a notary (or similar officer) avoids locating witnesses at probate.
• Revocation of prior will: A new written will that’s properly executed can revoke a prior will, typically with an express revocation clause.
• Joint/mutual will caution: If the will’s language or a separate agreement creates a contract not to revoke, the survivor may be unable to change the plan later.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested wills) – testator’s signature and two witnesses; presence rules.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proving wills) – optional notarized acknowledgments for streamlined probate.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of written wills) – revoke by later properly executed writing or by certain physical acts with intent to revoke.
• North Carolina Gen. Stat. § 31-11 (Deposit of will for safekeeping) – optional deposit with the Clerk of Superior Court during life.

Analysis

Apply the Rule to the Facts: You can update your existing recorded will by signing a new, properly executed will that expressly revokes all prior wills. If you and your spouse want simple, coordinated plans, individual mirror wills signed at the same ceremony usually meet that goal and remain freely changeable. If you choose a single joint or mutual will with contract‑style language, the survivor could be locked into that plan after the first death, which may not fit your goals for flexibility.

Process & Timing

1. Who files: No filing is required to make a will; each spouse executes their own will. Where: Typically in your attorney’s office. What: Attested wills signed by you and two witnesses; add the statutory self‑proving affidavit for efficiency. When: After an intake and review, signing can usually be scheduled promptly once drafts are approved.
2. Optional safekeeping: During life, you may deposit the original will with the Clerk of Superior Court for safekeeping under state law; the clerk issues a receipt. If a prior will is already on deposit, you can request withdrawal and replace it with the updated original.
3. After death: Your named executor presents the original will to the Clerk of Superior Court to start probate. A self‑proved will lets the clerk admit it without locating witnesses.

Exceptions & Pitfalls

• Contract not to revoke: Joint/mutual wills or separate agreements with contract‑style language can bind the survivor after the first death. Use them only if that is your intent.
• Execution missteps: Missing a witness signature in the testator’s presence or skipping the self‑proving affidavit can cause probate delays.
• Outdated prior will: Destroying a later will does not revive an earlier one. If you want a prior plan, you must re‑execute or properly incorporate it in a new will.
• Life changes: Divorce generally revokes provisions in favor of a former spouse unless the will says otherwise; review your plan after major life events.

Conclusion

North Carolina allows couples to handle wills together, but each spouse signs a valid will that meets state execution rules. Most couples use individual mirror wills, with a clear clause revoking prior wills, and make them self‑proved for easier probate. If you prefer a single joint/mutual will, understand it may bind the survivor. Next step: schedule a consultation to review goals and receive a clear two‑stage fee estimate (consultation retainer, then drafting charge) before you sign.

Talk to a Estate Planning Attorney

If you’re dealing with updating a prior will and want coordinated wills with your spouse, 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.