What is a Holographic Will in North Carolina?

When preparing for the distribution of assets after death, many individuals choose to create a last will and testament. While the most common type of will is an attested written will, requiring preparation in writing, the testator’s signature, and witnessing by at least two competent individuals, North Carolina law recognizes another type of valid will: the holographic will. Holographic wills offer a practical alternative, especially in urgent situations where obtaining witnesses may be difficult. This comprehensive guide, prepared with insights from a North Carolina Probate Lawyer, will explore the intricacies of holographic wills in North Carolina.

What is a Holographic Will?

A holographic will is a testamentary document written entirely in the testator’s handwriting. Unlike traditional attested wills, holographic wills do not require witnesses to be considered valid in North Carolina. This characteristic makes them particularly beneficial in time-sensitive circumstances, such as medical emergencies, where securing witnesses might be impossible.

Requirements for Valid Holographic Wills in North Carolina

While North Carolina law does not mandate witnesses for holographic wills, certain conditions must be met for them to be deemed valid. These requirements include:

  • Entirely Handwritten: The entirety of the will, including the testator’s signature, must be in the testator’s handwriting. Typed or printed content within the document could potentially invalidate the will.
  • Testamentary Intent: The handwritten document must unequivocally express the testator’s intention to create a will that dictates the distribution of their property upon death.
  • Found in a Safe Place: Upon the testator’s death, the holographic will must be discovered in a location designated by law. Acceptable locations include among the testator’s valuable papers, in a safe deposit box, or in the possession of an individual entrusted with the will for safekeeping.

What Happens if There are Typed or Printed Words on a Holographic Will?

The inclusion of typed or printed words on a document containing a holographic will does not automatically render the will invalid. If the handwritten portion of the document is sufficient to establish a valid will, the will can be probated even with the presence of typed or printed matter. However, the typed or printed words are not considered part of the will.

Can a Fill-in-the-Blank Will Form be a Valid Holographic Will?

North Carolina courts have recognized pre-printed will forms completed in the testator’s handwriting as valid holographic wills, provided the handwritten portions are coherent without the printed text. This principle, known as the “surplusage theory,” treats the pre-printed language as superfluous and not essential to the will’s meaning.

How is a Holographic Will Probated in North Carolina?

Probating a holographic will involves specific procedures to ensure its authenticity and validity. The individual presenting the will for probate, known as the propounder, must secure the testimony of three individuals who are familiar with the deceased’s handwriting. These individuals are required to sign an affidavit affirming that they recognize the signature and handwriting as belonging to the deceased. Moreover, at least one person must submit an affidavit attesting to the location of the will at the time of death, confirming it was found in one of the legally permissible locations. A beneficiary named in the holographic will can serve as one of the individuals signing the affidavit without compromising their inheritance rights.

When Might I Need a North Carolina Probate Lawyer?

While holographic wills may appear simple, they can raise intricate legal questions, especially regarding their interpretation and validity. Seeking guidance from a North Carolina Probate Lawyer is crucial to navigating the complexities of creating or probating a holographic will and resolving potential challenges.

Consulting a North Carolina Probate Lawyer is particularly advisable in the following circumstances:

  • Creating a Holographic Will: A probate lawyer can ensure your holographic will adheres to all legal requirements, minimizing the risk of future disputes.
  • Probating a Holographic Will: A lawyer can provide invaluable assistance in navigating the probate process, ensuring adherence to procedural rules and deadlines.
  • Concerns about Validity or Interpretation: If there are questions about the validity or interpretation of a holographic will, a lawyer can analyze the document and provide expert legal advice.
  • Will Contests or Legal Disputes: In cases of will contests or other legal challenges related to a holographic will, a probate lawyer can provide strong representation to protect your rights and interests.

A North Carolina Probate Lawyer possesses the expertise and experience to offer sound legal advice and representation, ensuring the testator’s wishes are upheld in accordance with North Carolina law. Don’t leave your loved ones guessing about your final wishes. If you’ve handwritten your will, or if a family member’s estate includes a holographic will, navigating the probate process can be challenging. At Pierce Law Group, we’re here to help you understand the steps to validate and execute these unique wills under North Carolina law. Call today for a free consultation, and let’s ensure your estate plan brings peace—not confusion—to those you care about most. Give us a call at (919) 341-7055 to discuss your case with a trusted probate lawyer.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.