Short Answer

In North Carolina, the cleanest way to update a military will is to sign a new North Carolina will that revokes prior wills or to sign a properly executed codicil. Your new documents must be signed in front of two witnesses (and ideally made self-proved before a notary) to ease probate. Name an executor you trust, and put your cremation and burial wishes in writing—preferably by also appointing an agent to control disposition of remains. After death, your will is presented to the Clerk of Superior Court for probate.

Understanding the Problem

You want to know how to update an existing military will under North Carolina law. You are a retired Navy veteran who has relocated to North Carolina. The decision point is whether to replace the old will or amend it, while ensuring the right executor is named and your ashes are buried next to your parents in a family plot. This article explains the steps, requirements, and timing to get that done in North Carolina.

Apply the Law

North Carolina recognizes two main paths to update your plan: (1) execute a new will that expressly revokes all prior wills, or (2) execute a codicil (an amendment) with the same formalities as a will. A prior military will prepared under federal rules can remain valid here, but your newest properly executed document will control. The Clerk of Superior Court is the probate office, and after death the will should be presented for probate; presenting a will is generally expected within 60 days of death. To ensure your cremation and burial wishes are followed, North Carolina law allows you to appoint an agent to direct the disposition of your remains.

Key Requirements

• Proper execution: Sign your new will (or codicil) in the presence of two competent witnesses; making it self-proved before a notary streamlines probate.
• Clear revocation or amendment: A new will should revoke prior wills; a codicil must clearly state the changes and be executed like a will.
• Executor selection: Name a reliable executor; nonresidents may need a North Carolina process agent and could be asked for a bond.
• Disposition of remains: Put cremation/burial wishes in your will and also appoint an agent to control the disposition of your remains for enforceability.
• Safekeeping and originals: Keep the signed original safe; a self-proved will eases probate and avoids tracking down witnesses later.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of an attested will) – Two witnesses required; testator signs or acknowledges before them.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Optional notary acknowledgments that allow probate without witness testimony.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of wills) – A new properly executed writing or physical act can revoke a prior will.
• North Carolina Gen. Stat. § 130A-420 (Disposition of remains) – Lets you designate who controls final disposition (including cremation and burial).

Analysis

Apply the Rule to the Facts: Because you are now in North Carolina with an older military will, the most straightforward update is to sign a new North Carolina will that expressly revokes all prior wills. In that new will, name an executor who is organized and comfortable coordinating with the VA; if that person lives out of state, plan for a process agent and potential bond. Include your cremation and burial instructions, and also sign an appointment of agent for disposition of remains so your ashes can be placed in the family plot as you wish.

Process & Timing

1. Who files: You do—not a court filing—by executing a new will (or codicil). Where: Sign anywhere in North Carolina. For later probate, the Clerk of Superior Court in your county of domicile is the venue. What: New will with a revocation clause; make it self-proved before a notary; also execute an appointment of agent for disposition of remains referencing your cemetery plot details. For probate after death, the executor typically uses AOC-E-201, Application for Probate and Letters Testamentary (posted on NC courts’ site). When: Do the update now; after death, the will is expected to be presented within 60 days.
2. Next step: Provide your executor with copies of the will and disposition-of-remains appointment; share cemetery plot information and any pre-need paperwork; confirm beneficiary designations and VA record needs. Timeframe: typically one to two weeks to draft and execute once decisions are made.
3. Final step and expected outcome: Store the signed original securely; consider optional safekeeping with the Clerk. After death, the executor presents the original to the Clerk for probate and receives Letters Testamentary, which authorize estate administration and interactions with agencies, including the VA if needed.

Exceptions & Pitfalls

• Only originals are admitted to probate. Keep the signed original safe; a copy is not enough unless special lost-will procedures apply.
• Don’t rely solely on your will for cremation/burial. Appoint an agent to control disposition of remains so your wishes (cremation and burial next to your parents) are enforceable.
• Nonresident executors may need a North Carolina process agent and could be required to post a bond; verify county practices in advance.
• Self-proving matters. Without it, witnesses may need to be located later, which can delay probate.
• Prior military wills can remain valid here, but inconsistencies are resolved by your newest valid will. Use a clear revocation clause to avoid confusion.
• Temporary video notarization rules used during COVID have expired; plan for in-person signing and notarization.

Conclusion

To update a military will in North Carolina, sign a new, properly witnessed will that clearly revokes prior wills or execute a codicil with the same formalities. Name a capable executor, and make the will self-proved to simplify probate. Put cremation and burial instructions in your will and appoint an agent under state law to control the disposition of your remains. Next step: meet with counsel to draft and execute a new self-proved will and a disposition-of-remains appointment, then store the originals safely.

Talk to a Estate Planning Attorney

If you’re dealing with updating an older military will, naming the right executor, and locking in cremation and burial instructions, our firm has experienced attorneys who can help you understand your options and timelines. 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.