Do we need to update our wills if one spouse later inherits property from a parent? – North Carolina

Short Answer

Usually, no. In North Carolina, a properly written will generally controls property owned at death, including property acquired later (such as an inheritance), unless the will is revoked or changed. That said, an inheritance can be a good trigger to review the plan because it may change how assets are titled, who should receive specific items, and whether a simple “all to spouse, then to children” plan still matches the family’s goals.

Understanding the Problem

In North Carolina estate planning, the question is whether a married couple with simple, mirrored wills must sign new wills when one spouse later receives property from a parent’s estate. The decision point is narrow: does later-acquired property (including an inheritance) require a will update for the will to work as intended—everything to the surviving spouse, and then to the adult children equally, with one child as executor and the other as backup.

Apply the Law

Under North Carolina law, a will generally speaks at death and can pass property the person owns at death, even if that property was acquired after the will was signed. In other words, later inheriting a house, land, or an investment account does not automatically “break” an existing will. A will can still fail to carry out the intended plan, however, if the inherited asset is titled in a way that bypasses the will (for example, a beneficiary designation or joint ownership with survivorship), or if family circumstances change and the will’s built-in assumptions no longer fit.

Key Requirements

The will must still be valid and not revoked: The document must remain the controlling will at death (not replaced, revoked, or affected by a legal rule that changes how it is read).
The inherited property must be part of the probate estate: The will controls probate assets; some assets transfer outside probate based on title or beneficiary forms.
The will’s “who gets what” language must still match the goal: Even if the will can pass after-acquired property, the plan may not match the couple’s intent after a significant inheritance (for example, if the couple wants inherited property to stay in a particular family line or be handled with extra protections).

What the Statutes Say

N.C. Gen. Stat. § 31-5.6 (No revocation by subsequent conveyance) – Later transfers or changes involving property generally do not stop a will from operating on what the person owns (and can dispose of) at death.
N.C. Gen. Stat. § 31-5.4 (Revocation by divorce or annulment) – Divorce can change how a will is interpreted as to a former spouse unless the will clearly says otherwise.

Analysis

Apply the Rule to the Facts: With mirrored North Carolina wills that leave everything to the surviving spouse and then to adult children equally, a later inheritance by one spouse typically does not require new wills for the inheritance to be covered. If the inherited property becomes part of that spouse’s probate estate, the “everything to the surviving spouse” clause usually captures it. The main risk is not that the will is too old, but that the inherited asset may pass by a beneficiary designation or survivorship title, or that the couple’s goals change once the inheritance is known.

Process & Timing

Who reviews: The spouses (and, if desired, an estate planning attorney). Where: Planning is done privately; if a death occurs later, probate filings are handled with the Clerk of Superior Court in the county where the decedent lived. What: Review the will, any beneficiary designations, and how the inherited asset is titled. When: Ideally soon after the inheritance is received (or as soon as it is clear what will be inherited and how it will be titled).
Decide whether a change is needed: Common updates include adjusting executor choices, adding a “what if we die close together” approach, clarifying who receives a specific inherited item, or coordinating the will with beneficiary forms and deeds.
Sign the update correctly: If changes are needed, the safest approach is often signing a new will (rather than handwritten edits). The updated will should be executed with the required formalities so it will be accepted by the Clerk of Superior Court later.

Exceptions & Pitfalls

Non-probate transfers can override the will: If the inherited asset is placed into joint ownership with right of survivorship, or if an account has a payable-on-death or transfer-on-death beneficiary, it may pass outside the will.
Divorce changes the “to my spouse” plan: If the marriage ends in divorce, North Carolina law can treat the former spouse as having predeceased for purposes of the will unless the will clearly indicates a contrary intent. That can dramatically change who inherits and who serves as executor. See N.C. Gen. Stat. § 31-5.4.
“Simple mirrored wills” can create an unintended second-death result: When everything goes outright to the surviving spouse, the surviving spouse can later change their plan, remarry, or retitle assets. If the goal is to ensure the adult children inherit after both deaths, the plan may need tighter coordination. For more on aligning the plan with adult children goals, see joint trust versus separate wills.
Executor choices may need updating: A larger or more complex estate after an inheritance can make the executor role harder. It can be a good time to confirm the primary and backup executor still make sense.

Conclusion

In North Carolina, a spouse inheriting property later usually does not require updating an existing will, because a will generally operates on what the person owns at death, including property acquired after the will was signed. The bigger issue is whether the inherited asset will pass through probate under the will or outside probate by title or beneficiary form. A practical next step is to review the inherited asset’s title and beneficiary designations and, if needed, sign an updated will to match the intended “to spouse, then to children equally” plan.

Talk to a Estate Planning Attorney

If a spouse has inherited (or expects to inherit) property and the goal is to keep a simple plan that still works the way it is supposed to, our firm has experienced attorneys who can help explain 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.