Detailed Answer

North Carolina law does not recognize an unwitnessed handwritten (“holographic”) will as a valid testamentary document. To admit any will to probate, you must follow the formal execution requirements in N.C. General Statutes, Chapter 31, Article 2.

First, verify the will is in writing and bears the decedent’s signature at its end. See N.C. Gen. Stat. § 31-2.1.

Second, locate at least two competent witnesses. Each must have observed the decedent sign the will or heard the decedent acknowledge the signature. Witnesses sign the will in the testator’s presence. If they cannot sign before the decedent’s death, they may provide sworn affidavits or testify at the probate hearing about what they observed. See N.C. Gen. Stat. § 31-2.15.

Third, file a petition for probate in the clerk of superior court’s office where the decedent lived. Attach the original will, witness affidavits or statements, and any inventory of assets. Serve statutory notices to heirs, creditors, and interested parties as required by N.C. Gen. Stat. § 28A-10-3.

The clerk schedules a hearing to review your proof. If no one contests and the court finds the will meets formal execution requirements, the clerk admits the will to probate and issues letters testamentary. Those letters empower your personal representative to gather assets, pay debts, and distribute property according to the will.

If you cannot satisfy the writing and witnessing requirements, the court must deny probate. The estate then distributes under North Carolina’s intestacy laws.

Key Steps to Probate a Handwritten Will

• Locate and secure the decedent’s original handwritten will.
• Identify two credible witnesses who observed the signing.
• Prepare and file a probate petition with the court.
• Provide witness affidavits or live testimony at the hearing.
• Serve required notices to heirs, beneficiaries, and creditors.
• Attend the probate hearing and present proof of proper execution.
• Obtain letters testamentary and administer the estate.

Contact Pierce Law Group

Probating a handwritten will can pose unique challenges. Our attorneys guide you through each step, from gathering necessary witness statements to securing the court’s approval. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation. Let Pierce Law Group simplify the probate process for you.