Jan272026
Estate Planning Q&A Series

How do I get started creating a will and basic estate plan? – North Carolina

Short Answer

In North Carolina, getting started usually means (1) listing what is owned and who should receive it, (2) choosing the people who will carry out the plan, and (3) meeting with an estate planning attorney to draft and properly sign the documents. A basic plan commonly includes a will plus incapacity documents like a health care power of attorney and a financial power of attorney. The most important “start” step is gathering accurate information so the documents match the real assets and family situation.

Understanding the Problem

In North Carolina estate planning, the practical question is: what steps are needed to move from “wanting a will” to having a signed set of documents that names the right decision-makers and clearly states who receives property at death. The actor is the person making the plan, and the action is choosing beneficiaries and fiduciaries and then signing documents with the required formalities. The key trigger is signing—until the documents are properly executed, the plan is not in place.

Apply the Law

North Carolina allows a person to create an attested written will that directs who receives probate property and who will serve as executor (called a personal representative in many contexts). For a will to be valid, North Carolina law focuses on execution formalities—signing and witness requirements—because those steps help prevent fraud and disputes later. A will can also be made “self-proved,” which generally makes probate smoother because the court can accept the will without tracking down witnesses.

Key Requirements

  • Clear choices about people and property: A basic estate plan needs decisions about who inherits, who handles the estate, and who makes decisions during incapacity.
  • Proper will execution: A North Carolina attested written will must be signed by the testator and attested by at least two competent witnesses, with specific presence/acknowledgment rules.
  • Practical “implementation” steps: A plan works best when beneficiary designations and document storage are handled so the right people can find and use the documents when needed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the goal is to set up estate planning documents, including a will, through an in-person meeting after signing an engagement agreement by email. The key requirements line up with that plan: first, gathering accurate information about assets and intended beneficiaries; second, drafting documents that match those decisions; and third, signing the will with the required witnesses (and often a self-proving affidavit) so it will be easier to admit to probate later. A basic plan commonly also includes a health care power of attorney so a chosen agent can act if incapacity occurs.

Process & Timing

  1. Who starts: The person creating the plan. Where: An estate planning attorney’s office in North Carolina. What: An engagement agreement (often sent by email), an intake questionnaire, and a document list request. When: Before the meeting, the most helpful timing is to return the questionnaire and documents at least several days in advance so drafting can start.
  2. Planning meeting: The attorney confirms goals (who inherits what, who serves as executor, who serves as health care agent), flags common issues (minor children, blended families, real estate, beneficiary designations), and recommends a “basic set” of documents. For readers comparing options, it can help to review what estate planning documents typically fit different situations.
  3. Drafting and signing: The attorney prepares drafts, the client reviews and approves, and then the documents are signed with the required formalities (for a will, two competent witnesses; for many health care documents, witnesses and a notary). Many plans also include a self-proving step at signing so the will is easier to prove later.

Exceptions & Pitfalls

  • Asset mismatch: A will mainly controls “probate” assets. Accounts with beneficiary designations (like retirement accounts) and jointly owned property may pass outside the will, so the plan should coordinate titles and beneficiary forms.
  • Wrong witnesses or sloppy signing: Execution mistakes can create probate delays or litigation risk. North Carolina has specific rules for how the testator signifies the will and how witnesses sign.
  • Choosing the wrong decision-makers: Naming an executor or agent who cannot serve (or who is likely to create conflict) can undermine an otherwise solid plan. Backups matter.
  • Storage and access problems: If no one can find the originals, the estate may face avoidable hurdles. North Carolina law allows depositing a will for safekeeping with the Clerk of Superior Court in a county depository.
  • Overlooking incapacity planning: A will does not help during lifetime incapacity. A basic plan often includes a health care power of attorney so someone can make medical decisions if capacity is lost.

Conclusion

In North Carolina, getting started with a will and basic estate plan usually means gathering a clear asset list and family information, choosing beneficiaries and fiduciaries, and then signing a properly executed will (typically with two competent witnesses and often a self-proving affidavit). A basic plan commonly also includes a health care power of attorney for incapacity planning. The most practical next step is to complete the firm’s intake questionnaire and provide the requested documents so the attorney can draft the will and schedule a signing appointment.

Talk to a Estate Planning Attorney

If you’re dealing with getting a will and basic estate plan in place and want to understand the right documents and timelines, our firm has experienced attorneys who can help you understand your options and next steps. 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.

Category: Estate Planning Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.