If my family or assets have changed, which parts of my will should be updated first? – North Carolina

Short Answer

Under North Carolina law, prioritize updating who inherits (primary and backup beneficiaries), who serves (executor and guardians for minor children), and any specific gifts tied to assets that have changed. Life events like divorce, birth/adoption, or the loss of a beneficiary can automatically affect a will, so replace revoked or outdated provisions and sign any changes with the required North Carolina formalities.

Understanding the Problem

In North Carolina, how should a testator prioritize updates to a previously signed will when family or assets change? The focus is on what to revise first to keep the estate plan accurate and functional, including beneficiary designations, fiduciary appointments, and any specific gifts impacted by asset changes. Timing matters when a major life event (divorce, marriage, birth/adoption, or a beneficiary’s death) has occurred.

Apply the Law

North Carolina wills are changed by executing a new will or a codicil that meets the same signing and witnessing rules as an original will. Divorce automatically revokes provisions in favor of a former spouse (including naming that person as executor) unless the will says otherwise. A child born or adopted after a will is signed may be entitled to a statutory share if the will does not account for that child. If a specifically gifted asset was sold or no longer exists, that gift may fail. To avoid probate delays, a will can be made self-proved with a notarized affidavit at execution or later.

Key Requirements

• Beneficiaries first: Replace or confirm primary and backup beneficiaries after divorce, marriage, birth/adoption, or a beneficiary’s death.
• Fiduciaries next: Update executor and alternates; refresh guardian nominations for minor children; confirm any bond waiver language.
• Specific gifts that no longer fit: Revise or remove bequests of assets that were sold, retitled, or changed to avoid failed gifts.
• Contingencies and family changes: Add survivorship and backup provisions; account for after-born or after-adopted children.
• Execution formalities: Sign a new will or codicil with two witnesses; consider a self-proving affidavit to streamline probate.
• Coordinate the full plan: Align will provisions with beneficiary designations and payable-on-death/transfer-on-death accounts.

What the Statutes Say

• North Carolina Gen. Stat. § 31-5.4 (Effect of divorce or annulment) – Divorce revokes will provisions for a former spouse unless the will states otherwise.
• North Carolina Gen. Stat. § 31-5.5 (After-born and after-adopted children) – Children added after execution may have rights unless the will provides differently.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will to be self-proved at execution or later by affidavit.
• North Carolina Gen. Stat. § 31-42 (Anti-lapse) – Provides substitute takers if certain relatives named in the will die before the testator.

Analysis

Apply the Rule to the Facts: With an existing North Carolina will prepared previously, a focused review should first confirm beneficiaries and fiduciaries, especially if there has been a divorce, marriage, or new child since signing. Next, compare current assets to any specific gifts; if accounts were closed or property was sold, revise to prevent failed bequests. Add or confirm contingencies for backup beneficiaries and guardians, and consider self-proving the updated document to simplify probate.

Process & Timing

1. Who files: The testator. Where: Execute the new will or codicil privately in North Carolina; no court filing is required during life. What: A new will or a codicil that meets North Carolina execution requirements; consider adding the statutory self-proving affidavits. When: Complete updates promptly after a life event (divorce, birth/adoption, death of a beneficiary, or significant asset changes).
2. Arrange a brief review meeting, identify outdated gifts and roles, and draft a clean replacement will or narrowly tailored codicil; execution typically occurs once the document is finalized and witnesses are present.
3. Sign with two competent witnesses; optionally complete self-proving affidavits; store the original securely and share fiduciary contact pages with named parties.

Exceptions & Pitfalls

• Separation alone does not revoke spousal provisions; a signed divorce or annulment is the trigger.
• Handwritten edits on the original will are not a valid update; use a codicil or new will with witnesses.
• If a specifically gifted asset was sold or changed form, the gift may fail; adjust gifts or use cash/replacement language.
• Beneficiary designations on retirement accounts, life insurance, and TOD/POD accounts control over a will; review them together.
• If a named beneficiary might predecease, add backups and clear survivorship language to avoid anti-lapse surprises.
• Revisit executors and guardians after divorce; an ex-spouse’s nomination is revoked, so name new first and backup choices.

Talk to a Estate Planning Attorney

If you’re dealing with a changed family situation or assets and need to update your will, 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.