Short Answer

North Carolina generally honors a will that was validly signed under the laws of the state where it was executed or where you were domiciled when you signed or at death. Still, if you now live in North Carolina, it’s wise to re‑execute your will here with two witnesses and add a North Carolina self‑proving affidavit. Also refresh your financial power of attorney, health care power of attorney, living will, and HIPAA release to meet North Carolina’s execution rules and practice expectations.

Understanding the Problem

You want to know if you can keep using your out‑of‑state will and related directives now that you live in North Carolina, and what updates are needed to make everything work smoothly here. The core decision is whether to keep the old will (if valid) or sign a North Carolina‑compliant replacement or codicil; then, bring your health care and financial documents into line with North Carolina requirements. One salient fact: you and your spouse recently moved to North Carolina and used non‑state‑specific “statutory” forms before.

Apply the Law

Under North Carolina law, a will is valid here if it was executed according to the law of the place of execution or the testator’s domicile at execution or death. An attested North Carolina will must be signed by the testator and witnessed by two competent witnesses; it can also be made “self‑proved” with a notarial affidavit so witnesses do not have to be found later. Out‑of‑state wills that were made self‑proved under their own state’s law are treated as self‑proved here. Financial powers of attorney must meet North Carolina execution requirements to ensure third‑party acceptance; health care directives have specific witness and notarization rules in North Carolina.

Key Requirements

• Confirm validity: A will valid where signed or where you were domiciled (then or at death) is generally valid in North Carolina.
• Execution for NC re‑signing: If you update or replace, sign with two competent witnesses; add a North Carolina self‑proving affidavit before a notary.
• Self‑proving status: A properly self‑proved will can be probated without locating witnesses; out‑of‑state self‑proved wills usually keep that status here.
• Financial power of attorney: North Carolina requires signing with notarial acknowledgment under the Uniform Power of Attorney Act for reliable acceptance.
• Health care documents: North Carolina health care power of attorney and living will require specific witness disqualifications and notarization; use NC‑compliant forms.

What the Statutes Say

• North Carolina Gen. Stat. § 31-46 (Out‑of‑state will validity) – Treats wills as valid in NC if valid where executed or where domiciled at execution or death (and certain military instruments).
• North Carolina Gen. Stat. § 31-3.3 (Attested written will) – Requires the testator’s signature and two competent witnesses.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proving wills) – Allows self‑proving at execution or later and recognizes properly self‑proved out‑of‑state wills.
• North Carolina Gen. Stat. § 32C-1-105 (Execution of power of attorney) – Requires acknowledgment before a notary for financial POAs.

Analysis

Apply the Rule to the Facts: Your out‑of‑state wills are likely valid in North Carolina if they met the signing rules where you signed. Still, to streamline future probate, re‑sign in North Carolina with two witnesses and add a North Carolina self‑proving affidavit. Your financial power of attorney should be re‑done under North Carolina’s notary‑acknowledgment rules to improve third‑party acceptance. Your health care power of attorney, living will, and HIPAA release should be updated using North Carolina‑compliant execution and witness standards.

Process & Timing

1. Who files: No court filing to update; you sign new documents. Where: In North Carolina, typically at an attorney’s office before a notary and two witnesses. What: New North Carolina will (or codicil), North Carolina financial power of attorney, health care power of attorney, living will, and HIPAA authorization. When: As soon as practical after moving; there is no filing deadline, but updating now avoids later hurdles.
2. We review your existing documents, map them to North Carolina requirements, and advise whether a codicil or full replacement is better. Drafts are circulated within a short window; a signing meeting follows where you execute with proper witnesses and a notary for self‑proving.
3. After signing, keep originals in a safe place. Consider optional deposit of your original will with the Clerk of Superior Court for safekeeping. Provide copies to fiduciaries and health care providers as appropriate.

Exceptions & Pitfalls

• Out‑of‑state “self‑proving” language may not match North Carolina’s form. Cure this by re‑executing a North Carolina self‑proving affidavit so witnesses won’t be needed later.
• Using a non‑NC financial power of attorney can lead to rejection by banks or title companies. Re‑issue under North Carolina’s statute with any special authorities clearly granted.
• Health care forms require qualified witnesses; certain relatives, facility owners, or treating providers cannot witness. Use North Carolina‑compliant execution to avoid invalidation.
• Codicils republish your old will and can drag forward outdated terms. If there are multiple changes, sign a new will instead of layering codicils.
• Executor choice: a nonresident executor may face bond or process‑agent issues. Update your will to address bond waivers or add a local co‑fiduciary if appropriate.

Talk to a Estate Planning Attorney

If you’re dealing with out‑of‑state wills and directives and want them to work smoothly in North Carolina, 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.