Short Answer

In North Carolina, you can protect your pets by signing a valid will that names a caregiver and sets money aside—ideally through a pet trust—then, if you prefer, move those terms into a revocable living trust later. A will must be signed by you in the presence of two witnesses; making it “self-proved” before a notary speeds up probate. Temporary video notarization for wills has expired, so plan an in‑person signing. For faster implementation, execute simple, self‑proved wills now and build a fuller trust after you return.

Understanding the Problem

You want to know how, under North Carolina estate planning law, you can quickly ensure your pets are cared for if something happens while you travel. As a married couple with no children and no current will or trust, you’re aiming for a basic will before departure, with the goal of converting to a trust after you return. You’re also weighing whether virtual notarization is possible and how timing and cost affect your choices.

Apply the Law

North Carolina allows two main tools for pet care planning: (1) a will that names a caregiver and leaves funds, often with a testamentary pet trust; and (2) a revocable living trust with a pet trust that you fund during life. A valid attested will requires your signature and two witnesses present; notarization is not required for validity but a self‑proving affidavit before a notary simplifies probate. North Carolina law recognizes trusts for the care of animals and gives courts authority to enforce them. Video witnessing/notarization enacted during the pandemic has expired; current signings should be done in person. The primary forum for probate matters is the Clerk of Superior Court. After death, the named executor is generally expected to present the will to the Clerk promptly.

Key Requirements

• Valid will execution: You sign the will, and two competent witnesses sign in your presence. Notarization is optional for validity.
• Self‑proved will (recommended): Add a notary acknowledgment/affidavits at signing to avoid tracking down witnesses at probate.
• Pet trust authority: North Carolina law permits a trust for the care of your animals and allows a person (or the court) to enforce it.
• Choose people and roles: Name a pet caregiver and a separate trustee to hold and spend funds for the pet; add backups and a remainder beneficiary.
• Signing method: Plan an in‑person ceremony; the temporary pandemic video notarization rules have expired.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested wills) – signature by testator; two witnesses in the testator’s presence.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proved wills) – optional affidavit that streamlines probate.
• North Carolina Gen. Stat. § 36C-4-408 (Trust for care of animal) – authorizes and governs pet trusts and enforcement.
• North Carolina Gen. Stat. § 31-11 (Depositing a will with the Clerk) – optional safekeeping before death.

Analysis

Apply the Rule to the Facts: Because you’re leaving soon and have no current plan, a simple, in‑person will signing with two witnesses—and a self‑proving affidavit before a notary—gives immediate protection. Include a pet trust clause that names a caregiver, trustee, funding amount, and remainder beneficiary. After you return, you can establish a revocable living trust with a funded pet subtrust to operate during incapacity and at death, and update powers of attorney to authorize pet expenses if needed.

Process & Timing

1. Who files: No court filing is required to create a will or trust. Where: Sign your will in person in North Carolina. What: Execute an attested will with a self‑proving affidavit; include a pet trust clause. When: Schedule a single signing session before departure with two witnesses and a notary.
2. Optional safekeeping: You may deposit the original will with the Clerk of Superior Court for safekeeping before you travel; processing is typically same‑day but practices vary by county.
3. After return: Create and fund a revocable living trust with a pet trust subtrust; retitle/select accounts to the trust as appropriate; keep your will as a pour‑over or update it for consistency. Expect a few weeks for drafting, signing, and any retitling.

Exceptions & Pitfalls

• Relying on expired video witnessing/notarization rules; plan an in‑person signing.
• Naming only a caregiver without funding; use a pet trust so money is controlled for your pet’s needs.
• Overfunding a small pet trust; very small trusts can be terminated or modified if administration is impractical—fund thoughtfully.
• Using a beneficiary or interested person as a witness, risking challenges; choose disinterested adult witnesses.
• Failing to name a backup caregiver/trustee and remainder beneficiary; always include alternates and who receives leftover funds.
• Storing the only original will at home while traveling; consider Clerk safekeeping or a fire‑resistant location.

Talk to a Estate Planning Attorney

If you’re dealing with planning for your pets’ care and need a fast, valid will now and a flexible trust later, 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.