Mar272026
Estate Planning Q&A Series

If we sign our wills remotely, what steps are required to make them valid? – NC

Short Answer

In North Carolina, a will signed remotely can be valid only if the will still meets the state’s normal will-signing rules. That usually means the will must be in writing, the person making the will must sign it or acknowledge an earlier signature to at least two competent witnesses, and those witnesses must sign in that person’s presence. A remote online notarization does not replace the witness requirement, and North Carolina generally does not allow a self-proved will to be remotely notarized except in a narrow military-related exception.

Understanding the Problem

In North Carolina estate planning, the main question is whether a person can make a will valid when the signing happens outside the office and some part of the ceremony is handled remotely. The decision point is not whether a remote meeting is convenient. The decision point is whether the signing method still satisfies North Carolina’s witness and execution rules for a will, and whether the self-proving step must be handled separately.

Apply the Law

North Carolina treats a standard will as an attested written will. The will must be signed by the testator, or by another person in the testator’s presence and at the testator’s direction, and the testator must either sign in front of the witnesses or acknowledge a prior signature to them. At least two competent witnesses must then sign in the testator’s presence. The main forum later is the Clerk of Superior Court in the county where the estate is offered for probate, and a self-proved affidavit can make probate smoother because the court can accept the sworn witness statements without tracking the witnesses down later.

Key Requirements

  • Written will with a valid signature: The will must be in writing, and the testator must sign it or direct another person to sign in the testator’s presence.
  • Two competent witnesses: At least two witnesses must attest the will after the testator signs or acknowledges the signature.
  • Presence during witness signing: The witnesses must sign in the testator’s presence, even if the witnesses do not sign in front of each other.

What the Statutes Say

Analysis

Apply the Rule to the Facts: For spouses who want basic wills and hope to complete the signing remotely, North Carolina law still requires each spouse’s will to be executed as that spouse’s own separate will. If each spouse signs a will and properly acknowledges that signature to two competent witnesses, and those witnesses sign in that spouse’s presence, the will can be valid even if the planning meeting happened online. The risk usually arises when people assume a video call or remote notary alone is enough, because it is not enough to replace the witness ceremony required for a will.

If the goal is also to make each will self-proved at the same time, extra care is needed. North Carolina allows a will to be made self-proved through sworn statements by the testator and witnesses before an authorized officer, but the remote electronic notarization statute generally excludes self-proved wills. In practice, that means the will-signing ceremony and the self-proving step may need to be structured separately or handled in person, even when the drafting and review are done remotely. For related logistics, see sign and return the documents if we can’t come into the office.

Process & Timing

  1. Who files: No court filing is required to make the will valid during life. Where: The signing itself is handled privately, and the will is later offered to the Clerk of Superior Court in the proper North Carolina county after death. What: Each spouse signs a separate written will, acknowledges it to at least two competent witnesses, and completes any self-proving affidavit only in a manner North Carolina law allows. When: The witnesses must sign during the execution ceremony while in the testator’s presence.
  2. Next step: if the will is not made self-proved at signing, the testator and witnesses can later complete a self-proving affidavit before an authorized officer in North Carolina. That later step can reduce probate problems if witnesses cannot easily be found.
  3. Final step and expected outcome/document: keep the original signed will in a safe place, or place it with the clerk for safekeeping if desired. North Carolina allows a living person to deposit a will with the clerk of superior court for safekeeping under N.C. Gen. Stat. § 31-11.

Exceptions & Pitfalls

  • A notary is not a substitute for the two required witnesses on a standard North Carolina attested will.
  • A remote online notary generally cannot notarize a self-proved will under North Carolina’s remote electronic notarization law, except for a narrow military-related exception.
  • Spouses can sign their wills in one coordinated session, but each will must still satisfy the execution rules separately for that spouse.
  • Problems often arise when witnesses are not actually in the required presence of the testator, when the original signed will is lost, or when people rely on an electronic process that works for other documents but not for wills. A related probate issue appears in a will still valid if it was notarized but doesn’t have witness signatures.

Conclusion

In North Carolina, remotely preparing a will is usually fine, but remotely signing it is valid only if the will still meets the state’s execution rules: a written will, the testator’s signature or acknowledgment, and signatures from at least two competent witnesses in the testator’s presence. The most important next step is to complete a proper will-signing ceremony for each spouse and, if a self-proved affidavit is desired, make sure that step is done in a form North Carolina law permits.

Talk to a Estate Planning Attorney

If you’re dealing with remote will signing questions and want to make sure the documents are executed correctly under North Carolina law, our firm has experienced attorneys who can help you understand the required steps. 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.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.