What’s the difference between making a small change to a will and creating a brand-new will? – North Carolina

Short Answer

In North Carolina, a “small change” to a will is usually done with a codicil, which is a separate document that changes specific parts of an existing will. A “brand-new will” is a complete replacement that typically revokes the prior will and restates the plan in one document. Both must be signed with the same formalities required for a will, and the best choice often depends on how many changes are needed and whether the old will still fits the overall plan.

Understanding the Problem

Under North Carolina estate planning law, the decision is whether a person who already has a signed will can make a limited update without rewriting everything, or whether the safer approach is to sign a new will that replaces the old one. The key issue is how to change the legal instructions that control who receives property at death and who is in charge of handling the estate. Timing matters because the change must be properly signed and witnessed to be valid, and the final documents must be easy to locate and prove later in the Clerk of Superior Court.

Apply the Law

North Carolina generally allows changes to a will in two main ways: (1) signing a later document (a codicil or a new will) with the required will formalities, or (2) physically destroying the will with the intent to revoke it. A codicil is a written amendment that changes, adds to, or removes specific provisions of an existing will while leaving the rest in place. A new will is a complete restatement that usually includes language revoking prior wills and codicils, so only the newest will controls.

Even if the change feels “small,” the legal risk often comes from how the new language interacts with the old language. If multiple changes are needed, or if the will is older and no longer matches current assets or family circumstances, a new will can reduce confusion by putting the full plan in one place.

Key Requirements

• Proper execution: A codicil must be executed with the same signing and witness requirements as a will; informal handwritten edits on the old will are a common problem.
• Clear identification of what changes: A codicil should clearly identify the existing will (often by date) and state exactly which paragraph(s) are changed, replaced, or removed.
• Consistency and revocation control: A new will should clearly state whether it revokes prior wills and codicils; otherwise, multiple documents may need to be read together, which can create disputes.

What the Statutes Say

• N.C. Gen. Stat. § 31-5.1 (Revocation of written will) – Allows revocation by a later will or codicil executed with will formalities, or by physical destruction with intent to revoke.
• N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will (and commonly a codicil) to be made “self-proved” through notarized acknowledgments/affidavits to simplify probate proof later.
• N.C. Gen. Stat. § 31-11 (Filing wills for safekeeping) – Permits filing a will with the Clerk of Superior Court for safekeeping during life and withdrawal by the testator (or authorized agent/attorney).

Analysis

Apply the Rule to the Facts: The situation involves an existing will prepared through a law office, but the original attorney is no longer available. North Carolina law does not require using the same attorney to make changes; the key is that any codicil or new will must be properly executed and must clearly state what it changes or replaces. If the desired change is truly narrow and the rest of the will still works, a codicil may be appropriate; if several provisions need updating or the will is older, a new will often reduces the risk of conflicting instructions.

Process & Timing

1. Who prepares/signs: The person making the will (the testator). Where: Execution is typically done in a law office or other setting that can provide proper witnesses and (if used) a notary. What: Either (a) a codicil that identifies the prior will and states the specific changes, or (b) a new will that restates the plan and includes a revocation clause. When: There is no “deadline” to update a will during life, but the document must be signed before incapacity or death for it to control.
2. Make it easier to probate: Consider signing with a self-proving affidavit so the Clerk of Superior Court can accept the will without tracking down witnesses later, which can be difficult years after signing.
3. Store it safely: Keep the original signed document in a secure location that can be found quickly. North Carolina also allows filing a will with the Clerk of Superior Court for safekeeping during life.

Exceptions & Pitfalls

• Handwritten edits on the old will: Crossing out names, writing in new beneficiaries, or initialing changes on the original document can create serious validity and interpretation problems.
• Multiple documents that don’t match: A codicil that changes one section can accidentally conflict with other sections (for example, changing a gift but not updating the backup beneficiary or executor provisions).
• Revocation confusion: Destroying a will can revoke it, but doing so without a properly executed replacement can leave an estate to pass under North Carolina intestacy rules instead of the intended plan.
• Missing originals: If the original signed will cannot be found at death, probate can become more complicated. A clear storage plan (and avoiding multiple “versions”) helps.

Conclusion

In North Carolina, a small change to a will is usually handled with a codicil, while a brand-new will typically replaces and revokes the prior will. Either way, the update must be signed with the required will formalities, and the documents should be drafted to avoid conflicts between old and new language. The most important next step is to have a North Carolina attorney prepare and supervise the signing of either a codicil or a new will before incapacity occurs.

Talk to a Estate Planning Attorney

If there is an older will that needs updating and the original drafting attorney is no longer available, our firm has experienced attorneys who can help explain whether a codicil or a new will fits the situation and what steps matter for signing 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.