Can I appoint just my brother as the sole beneficiary in my will? — North Carolina

Short Answer

Yes. In North Carolina, you may leave everything to your brother if your will is valid. However, if you are married when you die, your spouse can claim a statutory elective share and a year’s allowance, which can reduce what your brother receives. Children do not have a forced share here, but special rules protect after-born or after-adopted children unless addressed in the will.

How North Carolina Law Applies

North Carolina allows broad freedom to choose your beneficiaries. You can name your brother to receive your entire probate estate so long as the will meets the state’s signing and witnessing rules. A leading North Carolina practice guide explains that a surviving spouse can override a will that leaves the spouse too little by claiming an elective share based on the length of the marriage, and that after-born or after-adopted children may have rights if not provided for in the will (Estate Administration Manual, Ch. VII). It also notes that if your named beneficiary (like a brother) dies before you, North Carolina’s anti-lapse rule may redirect that gift to the beneficiary’s descendants unless your will says otherwise (Ch. VII).

Putting this together: You can name your brother as sole beneficiary. If you are married at death, your spouse can still claim an elective share and a $60,000 year’s allowance. If you later have or adopt a child and your will does not make any provision for that child, the child may be entitled to an intestate share unless an exception applies. If your brother dies before you and your will is silent, his children may take his share under the anti-lapse statute.

Key Requirements

Valid execution: sign a written will in front of two competent witnesses who also sign. See N.C. will-execution rules.
Capacity and intent: you must understand your assets, your family, and the effect of the will.
Spousal protections: a surviving spouse may claim an elective share and a year’s allowance that take priority over gifts in the will.
After-born/after-adopted child rule: if you later have or adopt a child and make no provision for that child, that child may be entitled to a share unless an exception applies.
Anti-lapse: if your brother dies before you, his descendants may take his gift unless your will requires survival or names an alternate.
Coordinate nonprobate assets: beneficiary designations and joint accounts pass outside the will and can defeat your plan if not updated.

Process & Timing

Draft your will naming your brother as sole beneficiary and include alternates and “survival” language to avoid anti-lapse.
Sign with two witnesses in your presence; consider a self-proving affidavit so probate is simpler.
Update beneficiary designations (life insurance, retirement, payable-on-death accounts) to match your plan.
If married, consider a marital agreement or plan that accounts for the elective share; otherwise your spouse may claim it within six months after the estate opens (the clerk issues letters to the personal representative).
Review your will after life events (marriage, divorce, birth/adoption) so after-born child rules do not unintentionally change your plan.

What the Statutes Say

Exceptions & Pitfalls

Married? Your spouse can claim an elective share of your “Total Net Assets” (percentage depends on marriage length) and a year’s allowance, reducing what your brother receives.
New child after you sign: unless you make some provision for an after-born or after-adopted child, that child may be entitled to an intestate share.
Brother dies first: without a survivorship requirement or alternate beneficiary, the anti-lapse statute may pass the gift to his descendants.
Nonprobate assets: outdated beneficiary forms can bypass your will entirely.
Divorce: provisions for a former spouse are generally revoked by law, which can change your plan if you don’t update the will.

Helpful Hints

Include a clear “must survive me by 120 hours” clause and name at least one alternate beneficiary.
If married and you intend most assets for your brother, discuss a marital agreement or use lifetime planning (like trusts) that takes spousal rights into account.
Add a statement that you have intentionally made no other provision for any other person, and address future children explicitly.
Review and update beneficiary designations on life insurance and retirement accounts so your plan matches across all assets.
Use a self-proving affidavit with your witnesses so probate is simpler for your executor.

Sources & References

North Carolina Estate Administration Manual, Supplemented 10th Edition (NC Bar Association CLE): Chapter VII: Ascertaining Beneficiaries (pp. VII-4 to VII-22), including elective share process, anti-lapse, and after-born child rules.
North Carolina Estate Administration Manual, Supplemented 10th Edition (NC Bar Association CLE): Chapter III: Exceptions to Requirement of Formal Estate Administration (pp. III-8 to III-10), discussing spouse’s and child’s year’s allowances and 2024 updates.
North Carolina Estate Administration Manual, Supplemented 10th Edition (NC Bar Association CLE): Chapter IV: Probate of Attested, Written Will and self-proved wills (p. IV-14).

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney–client relationship.

Talk to a Estate Planning Attorney

If you’re deciding whether to leave everything to your brother and want to account for spousal rights and other safeguards, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Can I appoint just my brother as the sole beneficiary in my will?: North Carolina