Does a Final Divorce Automatically Revoke a Former Spouse’s Status as Executor and Beneficiary Under a North Carolina Will?
1. Detailed Answer
Under North Carolina law, a final divorce generally does revoke any gifts, appointments, or nominations in your will that favor your former spouse. This rule appears in the North Carolina General Statutes at N.C. Gen. Stat. § 31-5. Specifically, when your marriage ends by a final divorce decree, the following clauses in your existing will become void:
- Any bequest or other property disposition to your former spouse.
- Any nomination of your former spouse as executor (also called personal representative).
- Any power of appointment conferred on your former spouse (for example, a power to distribute trust assets).
- Any nomination of your former spouse as fiduciary or guardian under the will.
These provisions are void unless your will expressly states that you intend them to survive a divorce. For example, if your will says, “Even if my marriage ends, I leave one-half of my estate to my spouse,” that language overrides the general rule of revocation. In all other cases, the court treats your former spouse as if they predeceased you for the purposes of your will.
What Happens After Revocation?
Once the court strikes the former spouse’s bequest and nomination as executor, North Carolina treats your estate as if those clauses never existed. The will’s residue then passes to the next named beneficiary in your document, or if no alternate beneficiary exists, under the state’s intestacy rules. Likewise, the court appoints the next-in-priority personal representative under Chapter 28A, Article 12 of the General Statutes.
2. Key Takeaways for North Carolina Residents
- Automatic Revocation: Divorce cancels any gift or executor nomination for your former spouse, per N.C. Gen. Stat. § 31-5.
- Express Intent: To leave assets or appoint your former spouse after divorce, include clear language in your will stating that intent.
- Estate Flow: If revocation occurs, assets pass to alternate beneficiaries named in your will or under intestate succession.
- Executor Appointment: The court ignores the ex-spouse’s nomination and moves down the statutory priority list for personal representatives.
- Review Regularly: Update your estate plan after major life events—marriage, divorce, births, or deaths.
- Nonprobate Assets: Divorce does not change beneficiary designations on life insurance or retirement accounts. Update those separately.
Contact Pierce Law Group for Probate Guidance
Divorce can upend your estate plan, but you can protect your wishes with timely updates. Our attorneys at Pierce Law Group know North Carolina probate law and guide you through will revisions, executor appointments, and beneficiary designations. Contact us today to ensure your estate plan matches your intentions after divorce. Email us at intake@piercelaw.com or call (919) 341-7055.
