Do I need a notary in addition to witnesses to make my will valid? – North Carolina

Short Answer

Under North Carolina law, a typed (attested) will is valid if it is properly signed by the person making the will and witnessed by at least two competent witnesses; notarization is not required for validity. A notary becomes important if the will is made “self-proved,” which makes probate easier because the court can rely on a notarized witness affidavit instead of locating the witnesses later. Any witness must be legally competent to testify, and both witnesses must meet the same competency requirements.

Understanding the Problem

The narrow question is whether North Carolina requires a notary, in addition to witnesses, to make a will legally valid, and what the rules are for witnesses and signing. A common concern in estate planning is whether a will fails because it was not notarized or because a witness was too young or otherwise not qualified. Another concern is whether both witnesses must meet the same requirements or whether one can be a minor or someone named in the will. This discussion focuses on North Carolina’s formalities for signing a standard typed (attested) will, the minimum requirements for witnesses, and the separate but related option of using a notary to create a self-proving will for smoother probate.

Apply the Law

North Carolina recognizes a written, attested will when the person making the will signs it and at least two competent witnesses attest it in the manner the statute requires. The clerk of superior court in the county where the person lived at death is the main probate forum. While there is no statute that says a notary is required for validity, North Carolina law allows a notary (or other authorized officer) to take sworn statements from the testator and witnesses so the will is “self-proved,” which streamlines probate. Time limits for probating a will are handled under separate probate statutes, but the execution formalities apply when the will is signed.

Key Requirements

Written, attested will: The will must be in writing and signed by the testator; at least two competent witnesses must attest it as required by statute.
Competent witnesses: Each witness must be legally competent to be a witness in North Carolina, which generally means of sufficient age and mental capacity to testify in court; the same standard applies to both witnesses.
Notary for self-proving (optional): A notary or other authorized officer is not required for validity but is used if the testator and witnesses choose to sign a self-proving affidavit that will allow the court to accept the will without calling the witnesses later.

What the Statutes Say

N.C. Gen. Stat. § 31-3.3 (Attested written will) – Defines an attested written will as one signed by the testator and attested by at least two competent witnesses, and explains how signatures and acknowledgments must occur.
N.C. Gen. Stat. § 31-8.1 (Who may witness) – Provides that any person competent to be a witness generally in North Carolina may act as a witness to a will.
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Explains how a will may be made self-proved through sworn statements by the testator and witnesses taken before an officer authorized to administer oaths, such as a notary.

Analysis

Apply the Rule to the Facts: For a North Carolina will to be valid, the central requirement is that it be in writing, signed by the testator, and attested by at least two competent witnesses under § 31-3.3; notarization does not appear in the validity requirements. Because § 31-8.1 ties witness eligibility to general witness competency, each witness should be of sufficient age and mental capacity to testify (ordinarily at least 18 and mentally sound), and both witnesses must meet this standard. A notary comes into play if the testator wants to use the self-proving procedure in § 31-11.6 so that the clerk can later accept the will based on the notarized affidavits instead of live testimony.

Process & Timing

Who files: After death, the named personal representative or an interested party. Where: The Clerk of Superior Court, Estates Division, in the North Carolina county where the decedent resided. What: The original will (whether or not self-proved) and the probate application forms available from the North Carolina Judicial Branch website or the clerk’s office. When: As soon as practical after death; separate probate timing rules apply, so delay can create complications.
When the will is offered for probate, if it is self-proved under § 31-11.6, the clerk may accept the notarized self-proving affidavit as prima facie evidence of proper execution and not require the witnesses to appear. If the will is not self-proved, the clerk typically will require at least one attesting witness (or other permitted proof) to confirm execution.
Once the clerk is satisfied that the will was properly executed and is the decedent’s last will, the clerk admits the will to probate and issues letters to the appointed personal representative so that administration of the estate can begin.

Exceptions & Pitfalls

North Carolina also recognizes holographic (handwritten) wills in limited circumstances, which have different rules and do not use the two-witness format discussed here.
Using a witness who is too young or not mentally competent at the time of signing can lead to challenges about whether that person was legally competent to witness the will.
Failing to have both witnesses sign in the presence of the testator, as required by § 31-3.3, may result in the will being treated as improperly executed.
Not using a self-proving affidavit means the witnesses may have to be located and testify later; if they move away, die, or cannot recall events, the estate faces extra steps and potential disputes.

Conclusion

For a typed will under North Carolina law, validity depends on proper signing and attestation by at least two competent witnesses, not on notarization. Both witnesses must meet the same general competency standard that applies to court witnesses, which usually means being at least 18 and mentally capable of testifying. A notary becomes important only if the will is made self-proved by sworn statements from the testator and witnesses. The key step is to execute the will with the required witnesses present and signing in compliance with § 31-3.3.

Talk to a Estate Planning Attorney

If someone is preparing a North Carolina will and has questions about witnesses, notarization, or self-proving affidavits, our firm has experienced attorneys who can help explain the options and ensure the will is properly executed. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.