Detailed Answer

North Carolina recognizes wills executed in other states if they meet certain requirements. Under N.C.G.S. §31-6, a will validly executed under the law of the state where it was signed is eligible for probate in North Carolina. That means a will signed in West Virginia according to West Virginia law can be admitted to probate in North Carolina so long as it meets the formalities required in West Virginia and is properly submitted to the court in the county where the testator lived at death.

Similarly, North Carolina’s Uniform Health Care Power of Attorney Act allows for out-of-state health-care powers of attorney. Under N.C.G.S. §32A-27, a health-care power of attorney executed outside North Carolina is valid here if it meets the law of the state where it was created. A West Virginia health-care power of attorney, properly signed and witnessed under West Virginia requirements, should be honored by North Carolina health-care providers and institutions.

Key Points to Remember

• Out-of-state wills valid under the original state law can be probated in North Carolina (N.C.G.S. §31-6).
• Submit the original will, death certificate, and probate application to the appropriate North Carolina court.
• North Carolina honors health-care powers of attorney from other states if they follow the laws where signed (N.C.G.S. §32A-27).
• Provide health-care providers with a certified copy of the out-of-state document.
• Consult an attorney to ensure compliance with North Carolina filing and witnessing requirements.