Feb62026
Probate Q&A Series

Does a will become invalid if the notary information or date looks incorrect or was filled in by someone else? – North Carolina

Short Answer

Usually, no. In North Carolina, a notary is not required for a standard (attested) will to be valid; the core validity question is whether the will was properly signed and witnessed under N.C. Gen. Stat. § 31-3.3 (Attested written will). Notary problems most often affect whether the will is “self-proved” (which makes probate easier), not whether the will exists or was properly executed. If the original will is missing and only a copy exists, the notary issue can still matter as part of proving the will, but the bigger issue is usually proving the missing original was not revoked.

Understanding the Problem

In a North Carolina probate dispute, the key decision point is whether a will can be accepted for probate when the notary block (or the date in the notary block) looks wrong or appears to have been completed by someone other than the notary, especially when the original will is not available and only a copy can be found. The question focuses on whether those notary irregularities make the will invalid, as opposed to whether the will can be proved in the Clerk of Superior Court when the original document is missing.

Apply the Law

North Carolina recognizes an “attested written will” as valid if it meets the signing and witnessing requirements in the wills statutes. A notary is not part of those basic execution requirements. Notarization usually comes into play because many wills include a “self-proving” affidavit, which is a separate sworn statement signed in front of a notary (or other authorized officer) to streamline probate later. If the self-proving affidavit is defective, the will may still be valid, but the estate may have to prove the will the longer way (often by locating witnesses or using other evidence).

Key Requirements

  • Proper execution (signed by the testator): The will must be signed by the person making the will, or signed by someone else in the testator’s presence and at the testator’s direction.
  • Proper witnessing (two competent witnesses): At least two competent witnesses must attest the will, and they must sign in the testator’s presence.
  • Self-proving is optional: A will can be made “self-proved” through a notarized acknowledgment/affidavit that follows the statutory approach; defects here typically affect proof, not basic validity.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the dispute involves a will copy and allegations that the original is being withheld or destroyed, the notary/date issue is often not the main “validity” issue. If the will was properly signed and witnessed under N.C. Gen. Stat. § 31-3.3, then a mistake in the notary block typically points to a problem with the self-proving affidavit, meaning the Clerk may require additional proof (like witness affidavits or other competent evidence). If the original cannot be produced, the estate generally must also address the missing-original problem—especially the presumption issues that can arise when an original will cannot be found after death.

Process & Timing

  1. Who files: The person trying to probate the will (often the named executor or another interested person). Where: The Estates Division of the Clerk of Superior Court in the county with probate jurisdiction (typically where the decedent was domiciled). What: An application to probate the will and qualify a personal representative; if only a copy exists, a verified proceeding/petition to admit a copy of a lost or destroyed will may be needed. When: Timing can matter for title and creditor/purchaser protections; North Carolina has a two-year rule tied to passing title against certain third parties, with special timing rules if the will was fraudulently suppressed, stolen, destroyed, or lost and a proceeding is filed. See N.C. Gen. Stat. § 31-39.
  2. Proving the will if the self-proving affidavit is questionable: If the notary portion is incorrect, the Clerk may treat the will as not self-proved and require proof of due execution through witness affidavits/testimony or other competent evidence consistent with North Carolina probate practice.
  3. Proving a copy when the original is missing: The propounder typically must present strong evidence of (1) due execution, (2) the contents (often shown by the copy), and (3) that the original was lost/destroyed and not revoked—plus facts showing a diligent search. Disputes over whether someone withheld or destroyed the original often become central at this stage.

Exceptions & Pitfalls

  • Confusing “self-proved” with “valid”: A defective notary block often means the will is harder to prove, not automatically invalid. The focus returns to whether the will was signed and properly witnessed under N.C. Gen. Stat. § 31-3.3.
  • Copy-only probate is a higher-proof situation: When the original is missing, the dispute often turns on whether the original was revoked versus lost/destroyed/withheld. Notary irregularities can be used as an argument that the paperwork is unreliable, so gathering clean proof of execution and custody becomes important.
  • Witness availability issues: If the will is not treated as self-proved, locating the witnesses (or documenting why they cannot be found) can drive cost and delay. Even if witnesses cannot testify, other competent evidence may still be used to prove due execution in some situations, but it must be organized and persuasive.
  • Handwriting and “who filled it in” arguments: If someone other than the notary filled in dates or notary information, the key question is whether the notary actually administered the oath/acknowledgment and signed/sealed as required for a self-proving affidavit under N.C. Gen. Stat. § 31-11.6. If not, the affidavit may fail even if the will itself remains valid.

Conclusion

In North Carolina, an incorrect-looking notary date or notary information usually does not invalidate a will by itself, because a notary is not required for a valid attested will under N.C. Gen. Stat. § 31-3.3. Instead, notary problems most often affect whether the will is self-proved under N.C. Gen. Stat. § 31-11.6, which can change what proof the Clerk of Superior Court requires. When only a copy exists, the next step is typically to file the appropriate probate proceeding with the Clerk promptly, keeping the two-year timing rule in N.C. Gen. Stat. § 31-39 in mind.

Talk to a Probate Attorney

If a probate dispute involves a will copy, questions about the notary block, or concerns that the original will is being withheld or destroyed, a quick review of the document and the probate options can prevent avoidable delays. Our firm has experienced attorneys who can help explain the proof required in North Carolina and the timelines that may apply. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.