Do I Need Notarization or Just a Witness for Executing a Renunciation in North Carolina Probate?
Detailed Answer
Under North Carolina law, a renunciation of an inheritance must comply with the requirements of the North Carolina General Statutes. You must file a written renunciation within nine months of the decedent’s death, as required by N.C. Gen. Stat. § 28A-13-2(b).
Execution requirements: N.C. Gen. Stat. § 28A-13-3 sets out two valid methods to execute a renunciation. You may choose either option:
- Acknowledgment: Sign the renunciation in the presence of an officer authorized to take acknowledgments of real-property instruments in North Carolina (typically a notary public). This method effectively notarizes your signature.
- Sworn Statement: Sign the renunciation and swear (or affirm) before an officer authorized to administer oaths in North Carolina. The officer then attaches a jurat to your document.
North Carolina law does not require any additional witness signatures for a renunciation. The statute only demands either an acknowledgment or a jurat by an authorized officer. Once executed, you must file the original renunciation with the clerk of superior court in the county where the estate proceeding is pending.
Key Points to Remember
- Deadline: File your renunciation within nine months of the decedent’s death. See § 28A-13-2(b).
- Execution Methods: Use either an acknowledgment or a sworn jurat as described in § 28A-13-3. No witnesses are required.
- Authorized Officers: Only notary publics or other officers authorized under North Carolina law may notarize or administer the oath.
- Filing Location: File the original renunciation in the clerk’s office of the county where the probate is pending.
- Legal Effect: A valid renunciation treats you as if you predeceased the decedent, altering the distribution of the estate.
Renouncing an inheritance involves strict timing and formalities. If you have questions or need assistance preparing or filing your renunciation, Pierce Law Group’s probate attorneys can guide you through every step. Email us at intake@piercelaw.com or call us at (919) 341-7055.
