Understanding Holographic Wills and Tenancy by the Entirety

Under North Carolina law, a holographic will—one written entirely in the testator’s own handwriting without witnesses—does not meet the formal requirements for a valid will. The North Carolina Wills Act requires a will to be in writing, signed by the testator, and witnessed by two competent adults. See N.C. Gen. Stat. § 31-2.1 and § 31-2.2.

Tenancy by the entirety is a special form of ownership reserved for married couples. Under N.C. Gen. Stat. § 41-1, each spouse owns the entire property as one indivisible unit. When one spouse dies, full ownership automatically passes to the surviving spouse by operation of law.

Why a Holographic Will Cannot Override Tenancy by the Entirety

• Invalid Form: An unwitnessed holographic will fails the two-witness requirement and is invalid in North Carolina.
• Unseverable Interest: Tenancy by the entirety cannot be severed or altered by will. Only a deed executed by both spouses can transfer or divide that interest. See N.C. Gen. Stat. § 41-4.
• Automatic Survivorship: On the first spouse’s death, the entire property vests in the survivor, regardless of any will.
• Creditor Protection: A spouse’s individual creditors cannot force the sale of property held in tenancy by the entirety to satisfy debts.

Because of these rules, a holographic will cannot transfer half of a home held in tenancy by the entirety. To change ownership, both spouses must sign a deed or use another jointly agreed method, such as a sale or partition.

Key Points to Remember

• Formal Will Requirements: Must be written, signed, and witnessed by two adults (N.C. Gen. Stat. § 31-2.4).
• Holographic Wills: North Carolina does not recognize unwitnessed handwritten wills.
• Tenancy by the Entirety: Creates a survivorship estate that a will cannot override (N.C. Gen. Stat. § 41-1).
• Proper Transfer: Use a deed signed by both spouses or explore sale and partition options.
• Professional Guidance: Discuss estate planning and property transfer with an experienced attorney to protect your rights and assets.

Need Guidance on Estate Planning and Property Transfers?

If you have questions about wills, property titles, or marital estate planning, Pierce Law Group has experienced attorneys ready to help. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. Let us guide you through North Carolina probate and real estate laws to protect your family’s assets.