Do I have to use the same attorney to update my will, or can a different attorney revise it? – North Carolina

Short Answer

No. Under North Carolina law, a different attorney can revise an existing will, or prepare a new will that replaces the old one. The key is not who drafts the update, but whether the update is properly executed with the required signing and witness formalities and clearly revokes or changes the prior will.

Understanding the Problem

In North Carolina estate planning, the decision point is whether a will can be changed when the attorney who originally drafted it is no longer available. The question focuses on whether the same drafting attorney must be used, or whether a different attorney can prepare a revision that will be valid and enforceable when the Clerk of Superior Court later handles probate.

Apply the Law

North Carolina allows a will to be changed by signing a later document that meets the same execution rules as a will. In practice, that usually means either (1) signing a codicil (an amendment to a will) or (2) signing a new will that revokes and replaces the earlier will. Either approach can be prepared by a different attorney, as long as the document is executed correctly and the revocation/change is clear.

Key Requirements

Proper execution: The updated document (a codicil or a new will) must be signed and witnessed using North Carolina’s will-signing rules.
Clear revocation or amendment: The document must clearly state what changes are being made, and if a new will is used, it should clearly revoke prior wills to avoid conflicts.
Good records and the right “original”: The signed original should be kept in a place where it can be found and presented for probate; missing originals can create avoidable problems later.

What the Statutes Say

N.C. Gen. Stat. § 31-3.3 (Attested written will) – Sets the signing and witness requirements for a valid attested will in North Carolina.
N.C. Gen. Stat. § 31-5.1 (Revocation of written will) – Explains how a written will (or part of it) can be revoked, including by a later will or codicil executed with will formalities.
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will to be made “self-proved” using a notarized affidavit process that can simplify probate later.

Analysis

Apply the Rule to the Facts: Here, the will was prepared through a law office by an attorney who no longer works there, and contact information is not available. North Carolina law does not require the same attorney to handle changes; a different attorney can prepare either a codicil or a new will. The practical focus is getting the current will reviewed, confirming what the existing document says, and then signing the update with the proper witness formalities so the Clerk of Superior Court can later accept it in probate.

Process & Timing

Who initiates: The person who made the will (the testator). Where: With a North Carolina estate planning attorney (not at the courthouse). What: A review of the existing will (ideally the signed original) and a decision to prepare either a codicil or a new will. When: As soon as the change is desired; the updated document must be executed before death to be effective.
Draft and execute: The attorney prepares the codicil or new will, then the testator signs and the required witnesses sign in compliance with North Carolina execution rules. Many plans also include a self-proving affidavit to reduce probate proof issues later.
Wrap-up and safekeeping: The signed original is stored safely (and in a way the nominated executor can locate). If a new will is signed, older originals should not be accidentally used later; the attorney will typically give instructions to reduce confusion.

Exceptions & Pitfalls

Handwritten edits on the old will: Marking up a will by hand can create ambiguity and may not work as intended unless the changes are made through a properly executed codicil or new will.
Using a codicil when changes are extensive: Multiple changes can be clearer and safer in a single new will that revokes prior wills, rather than stacking amendments.
Missing “original” will issues: If the signed original cannot be found later, probate can become more complicated. Locating the original (or confirming where it is stored) is an important step when updating.
Not coordinating the rest of the plan: A will update may need to match beneficiary designations, titling of assets, and any trust planning; otherwise, the change may not control the asset as expected.

For more on related planning decisions, see update or replace a will and making additional updates later.

Conclusion

North Carolina law does not require using the same attorney to change a will. A different attorney can prepare a codicil or a new will, as long as the document is signed and witnessed correctly and clearly revokes or amends the prior will. The most important next step is to gather the most recent signed version of the will and have a new codicil or replacement will executed with proper witnesses before any further delay.

Talk to a Estate Planning Attorney

If there is a need to change a North Carolina will and the original drafting attorney is no longer available, our firm has experienced attorneys who can help review the existing document, explain options (codicil versus new will), and handle proper execution and safekeeping. 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.