Do I need to list exact amounts in my will, or can I use percentages and still have it be clear? – North Carolina

Short Answer

No—North Carolina wills can use percentages (or “shares”) instead of exact dollar amounts, and that approach is often clearer for the part of the estate that changes in value over time. Percentages work best for the “residue” (what is left after debts, expenses, and specific gifts). The key is to use consistent wording and to say what happens if a beneficiary dies before the person making the will, especially when gifts are intended for a relative’s descendants.

Understanding the Problem

Under North Carolina estate planning, the decision is whether a will should give a beneficiary a fixed dollar amount (like “$25,000”) or a percentage/fraction (like “25%” or “one-fourth”) when updating a will but keeping most of the document the same. The practical concern is whether the personal representative and the Clerk of Superior Court can administer the estate without confusion when asset values change, accounts are opened or closed, or the will includes gifts to a relative’s descendants. The question focuses on clarity in the written gift itself, not on changing who receives property.

Apply the Law

In North Carolina, a will can make gifts in different formats, including specific gifts (a particular item or account), fixed-dollar gifts (often called “pecuniary” gifts), and percentage/fractional gifts (often used for the residuary estate). Percentages are generally clear when the will identifies the “residue” and the shares add up in a workable way. Clarity also depends on what the will says if a beneficiary dies before the person making the will, because North Carolina has default rules that may substitute certain descendants unless the will says otherwise.

Key Requirements

Identify what the percentage applies to: The will should say whether the percentage is of the “residuary estate” (the remainder after expenses and earlier gifts) or of a particular asset or account.
Make the math workable: The will should state shares that can be administered (for example, “50% to A and 50% to B,” or “in equal shares to my children”). If multiple percentages are used, they should fit together without leaving an unintended leftover portion.
Address what happens if a beneficiary does not survive: The will should say whether the gift goes to that person’s descendants, to the other residuary beneficiaries, or somewhere else, because default North Carolina rules can redirect a failed gift.

What the Statutes Say

N.C. Gen. Stat. § 31-42 (Failure of devises; anti-lapse; failed gifts to residue; intestacy) – Explains what happens when a beneficiary dies before the will-maker or a gift otherwise fails, including when certain descendants can take in the beneficiary’s place and when a failed gift shifts to the residuary estate.
N.C. Gen. Stat. § 29-8 (Partial intestacy) – Provides that any part of an estate not effectively disposed of by the will passes under North Carolina intestacy rules.

Analysis

Apply the Rule to the Facts: Because the will is being updated with a new or revised gift while keeping the rest the same, a percentage-based gift can reduce the need to update the will again if the estate grows or shrinks. If the will already includes gifts to a relative’s descendants, the wording should stay consistent with that structure so the personal representative can tell whether a percentage gift is meant to pass to descendants if the named beneficiary dies first. If the revised gift is intended to be “equal shares,” stating a percentage of the residue (or “in equal shares”) usually communicates that intent more reliably than a fixed amount that could become too large or too small over time.

Process & Timing

Who signs: The person making the will (the testator). Where: The will is signed in person in North Carolina with the required formalities; later, the estate is administered through the Clerk of Superior Court in the county where the estate is opened. What: An updated will that clearly states whether the gift is a fixed dollar amount or a percentage/fraction of the residuary estate, and what happens if a beneficiary does not survive. When: The updated will should be signed before any major life change that could affect the plan; the will only takes effect at death.
Administration step: After death, the personal representative gathers assets, pays valid debts and expenses, and then makes distributions under the will. Percentage gifts typically get calculated after those administration steps, because they usually apply to what remains.
Distribution step: The personal representative distributes the residue using the will’s percentages/shares and any substitution language for descendants, and documents the distributions as part of the estate closing process.

Exceptions & Pitfalls

Unclear “percentage of what” language: “25% of my estate” can create avoidable questions during administration; “25% of my residuary estate” is usually clearer because it points to what is left after expenses and earlier gifts.
Percentages that do not add up (or overlap): If the will gives “60% to A” and “60% to B,” or leaves 10% unassigned, the personal representative may have to treat the leftover as part of the residue or, in some situations, as property not disposed of by the will, which can trigger intestacy for that portion. See N.C. Gen. Stat. § 29-8.
Beneficiary death and “descendants” planning: If a beneficiary dies before the will-maker, North Carolina’s anti-lapse and failed-gift rules may substitute certain descendants or shift the gift to the residue unless the will says otherwise. This can matter a lot when the will already includes gifts to a relative’s descendants. See N.C. Gen. Stat. § 31-42.
Fixed-dollar gifts can distort the plan: A dollar gift that seemed balanced when drafted can become too large (leaving too little residue) or too small (not matching the intended “fairness” goal) as assets change.
Changing one clause can create conflicts: When updating only one gift, the revised clause should be checked against the rest of the will (especially the residuary clause and any “per stirpes/descendants” language) so the document reads consistently from start to finish.

Conclusion

In North Carolina, a will does not need exact dollar amounts to be clear. Percentages (or “shares”) are often a clean way to divide the residuary estate, especially when the estate’s value may change. The key is to state what the percentage applies to, make sure the shares work together, and address what happens if a beneficiary dies before the will-maker—particularly when gifts involve a relative’s descendants. A practical next step is to revise the gift clause and the residuary clause together so the percentages and survivorship language align.

Talk to a Estate Planning Attorney

If you’re dealing with updating a will and deciding between fixed amounts and percentage-based gifts, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [CONTACT NUMBER].

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.