What happens if the will lists my name as a witness but I never signed it? – North Carolina

Short Answer

In North Carolina, a typical written will generally must be signed by the testator and attested by at least two witnesses who actually sign as witnesses. If a will lists someone as a witness but that person never signed, the will may not qualify as a properly attested written will unless there are other valid witness signatures (or a valid self-proving affidavit with the actual witnesses’ signatures). In that situation, the Clerk of Superior Court may refuse to admit the will to probate as written, and the estate may proceed under a different will or under intestacy rules unless the will can be proved another way.

Understanding the Problem

In North Carolina probate, the key question is: can an attested written will be accepted when the document names a person as a witness, but that person did not actually sign as a witness? This issue usually comes up when a family finds a will after a death and sees a witness name typed or printed on the will, but the signature line is blank or appears incomplete. The practical concern is whether the Clerk of Superior Court will treat the will as properly executed and admit it to probate, or require additional proof (or reject it) before issuing letters to open the estate.

Apply the Law

North Carolina recognizes “attested written wills” and also allows many of them to be made “self-proved.” A self-proved will typically streamlines probate because the Clerk can rely on the notarized acknowledgments/affidavits instead of tracking down witnesses later. But the starting point is still whether the will was executed with the required witness signatures and formalities.

Key Requirements

Two actual witness signatures: For a standard attested written will, the will is generally expected to have the testator’s signature and at least two witnesses who actually sign as witnesses. A typed/printed witness name without a signature can create a validity problem.
Witnesses sign in the testator’s presence: The witnesses must sign in the presence of the testator (they do not have to sign in each other’s presence). If a person never signed, that person did not complete the attestation role.
Self-proving affidavit must be properly executed: If the will is “self-proved,” the notarized portion should include the testator’s acknowledgment and sworn statements by the witnesses—meaning the witnesses’ signatures matter there too.

What the Statutes Say

N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Explains how an attested will can be made “self-proved” through the testator’s acknowledgment and the witnesses’ affidavits before an authorized officer (often a notary).
N.C. Gen. Stat. § 31-35 (Affidavit of witness as evidence) – Allows certain witness affidavits/proofs taken during probate to be used as evidence later in a will contest when a subscribing witness is unavailable (for example, out of state).

Analysis

Apply the Rule to the Facts: Here, the will was found after a parent’s death in North Carolina, and the last page appears signed and notarized, but the will may not be fully signed in all sections. If the will lists a person as a witness but that person never signed anywhere as a witness, the Clerk may treat that as a missing witness signature. If the will still has two other valid witness signatures (or a properly completed self-proving affidavit signed by the actual witnesses), the missing signature may not matter; if it does not, the will may be rejected as an attested written will unless additional proof is available.

Process & Timing

Who files: Typically the named executor in the will or another interested person. Where: The Estates Division of the Clerk of Superior Court in the North Carolina county where the decedent lived at death. What: The original will (not a copy), an application to probate the will and for letters, and the death certificate when available. When: As soon as practical after death, especially if assets require a personal representative to act.
Clerk reviews execution: The Clerk looks for original signatures and whether the will appears self-proved. If the will is self-proved and properly completed, the Clerk can often admit it without locating witnesses. If it is not self-proved, the Clerk commonly requires proof from the subscribing witnesses (and local practice can vary by county).
If a witness signature is missing: The Clerk may require additional evidence, may treat the will as not properly attested, or may direct the matter into a different procedure (for example, a proceeding to determine whether the writing can be admitted). The outcome depends heavily on what signatures are actually on the original document and whether the self-proving portion was properly executed.

Exceptions & Pitfalls

“Notarized” does not always mean “valid will”: North Carolina does not require a notary for a will to be valid, and a notary stamp alone does not replace the need for proper witness signatures for an attested will. A notary is mainly relevant when the will is made self-proved.
Witness signatures can appear in unexpected places: A witness signature does not always appear at the very end of the will. Sometimes witnesses sign in an attestation clause, on a separate page attached to the signature page, or in a self-proving affidavit section.
Original signatures matter: Probate typically requires the original will with original signatures. If the family only has a copy, that becomes a different (and often harder) probate problem.
Out-of-state witness issues: If the will is not self-proved, locating witnesses and obtaining acceptable proof can be a bottleneck, especially when witnesses live outside North Carolina or cannot be found.

For more context on witness-proof problems in North Carolina probate, see prove a will is valid when witnesses or the notary can’t be found and a will that is notarized but missing witness signatures.

Conclusion

In North Carolina, if a will lists someone as a witness but that person never signed, that missing signature can prevent the will from qualifying as a properly attested written will—unless there are still at least two valid witness signatures (or a properly executed self-proving affidavit signed by the actual witnesses). The next step is to take the original will to the Estates Division of the Clerk of Superior Court and file the probate application once the death certificate is available, so the Clerk can determine what proof is required.

Talk to a Probate Attorney

If a will has missing or questionable witness signatures and the goal is to get the will accepted in North Carolina probate, our firm has experienced attorneys who can help explain the proof requirements, likely delays, and next steps with the Clerk of Superior Court. 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.