If the will was signed in another state and isn’t notarized, is it still valid where the probate is being handled, especially when there is real estate involved? – North Carolina

Short Answer

Often, yes. In North Carolina, a will signed in another state can still be valid even if it is not notarized, as long as it was properly executed under North Carolina law or under the law of the place where it was signed or where the person lived (domicile) at the relevant time. Notarization usually matters for making a will “self-proved” (which streamlines probate), not for basic validity. Real estate can add an extra step because the will must be accepted in the county (and sometimes the state) where the land is located.

Understanding the Problem

In North Carolina probate, the key question is whether a will that was signed in another state—but not notarized—can be admitted by the Clerk of Superior Court and used to transfer property, including real estate. The decision point is whether the document qualifies as a valid will for North Carolina purposes (even if it is not “self-proved”), because that affects whether the estate can be opened, who can serve as personal representative, and whether the will can be used to pass title to North Carolina land.

Apply the Law

North Carolina recognizes certain wills executed outside the state. A will can be treated as valid in North Carolina if it satisfies North Carolina’s execution rules or if it was executed in compliance with the law of the jurisdiction where the person was physically present when signing, or the person’s domicile at the time of signing or death. Separately, notarization is typically tied to whether a will is “self-proved,” which can reduce the need to locate witnesses during probate. When the estate includes North Carolina real estate, the Clerk of Superior Court in the county where the land sits must be satisfied that the will is valid under North Carolina’s recognition rules before the will can be relied on to pass title.

Key Requirements

Valid execution under a recognized law: The will must have been executed in a way North Carolina recognizes (either under North Carolina rules or under the rules of the signing state or the testator’s domicile, depending on the situation).
Proof for probate if not self-proved: If the will is not self-proved, the Clerk may require additional proof (commonly witness affidavits or other acceptable proof) before admitting it to probate.
Real estate location drives recording/probate steps: If there is North Carolina real estate, the will/probate paperwork generally must be recorded or filed in the county where the land is located so title can be dealt with in the public records.

What the Statutes Say

N.C. Gen. Stat. § 31-46 (Validity of will; which laws govern) – Recognizes wills as valid in North Carolina if they comply with North Carolina law or with the law of the place of execution or the testator’s domicile (and certain military instruments).
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Explains how a will can be made self-proved (often involving notarized acknowledgments/affidavits) and when an out-of-state self-proving will is treated as self-proved in North Carolina.

Analysis

Apply the Rule to the Facts: The will being “out-of-state” does not automatically make it invalid in North Carolina, and the lack of notarization does not automatically defeat it. The practical issue is proof: if the will is not self-proved, the Clerk may require additional evidence that it was properly executed under a law North Carolina recognizes. If there is real estate in more than one jurisdiction, the will may need to be recognized/recorded in each place where land is located, which can create multiple filings or an ancillary proceeding depending on where the primary probate occurs.

Process & Timing

Who files: The person offering the will for probate (often the named executor, or an interested person if the named executor cannot or will not serve). Where: The Clerk of Superior Court (Estates) in the appropriate North Carolina county. What: A probate application and supporting documents; for an out-of-state will, the clerk may require an out-of-state will addendum and supporting proof if the will is not self-proved (commonly including witness affidavits or certified probate documents if it was already probated elsewhere). When: As soon as practical after death, especially if assets need to be accessed or real estate must be managed.
Proving the will if it is not self-proved: If the will lacks a self-proving affidavit, the Clerk may ask for witness testimony/affidavits or other acceptable proof that the will was executed properly under a recognized law. If the will was already probated in another state, certified copies of the will and the probate order from that state often become important to show what that court found.
Handling real estate in multiple places: North Carolina real estate typically requires filing/recording probate documents in the county where the land is located. If there is land in another state, that other state’s local process may require a separate filing (and sometimes an ancillary estate) there before title can be transferred.

Exceptions & Pitfalls

“Not notarized” vs. “not properly witnessed”: Notarization is usually about making a will self-proved. A will can still fail if it was not executed with the required formalities under the applicable law (for example, missing required witnesses under that law).
Real estate creates county-by-county requirements: Even with a valid will, failing to record/file the right probate documents in the county where North Carolina land sits can stall a sale or refinance.
Executor issues can change who qualifies: If the spouse was the sole beneficiary and later died, and/or the named executor cannot serve, the Clerk may need to appoint a different personal representative. Confusion about whether someone was accepted or denied often comes from incomplete filings, priority disputes, or missing proof documents.
Multiple jurisdictions: When land exists in more than one state, each state controls title to land within its borders. A “one-and-done” probate filing is not always enough to clear title everywhere.

For more background on practical proof issues when a will is not self-proving, see getting an out-of-state will accepted when it isn’t self-proving. When real estate is in more than one state, how ancillary probate works for multi-state real estate can also help frame the next steps.

Conclusion

In North Carolina, an out-of-state will can still be valid even if it is not notarized, as long as it was executed in a way North Carolina recognizes under the rules in N.C. Gen. Stat. § 31-46. Notarization usually affects whether the will is self-proved and how much proof the Clerk of Superior Court will require to admit it to probate. When real estate is involved, the will and probate paperwork typically must be filed or recorded in the county where the land is located. Next step: file an application to probate the will with the Clerk of Superior Court and be prepared to provide witness affidavits or certified probate documents if the will is not self-proved.

Talk to a Probate Attorney

If a family is dealing with an out-of-state will that is not notarized, questions about who inherits after a spouse dies, or real estate in more than one jurisdiction, our firm has experienced attorneys who can help explain options and timelines under North Carolina probate procedure. 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.