How to Probate an English Will with a Handwritten Chinese Addendum in North Carolina
Detailed Answer
1. North Carolina’s Rules for Foreign Wills
North Carolina recognizes a will executed outside the State if it meets the formal requirements of the jurisdiction where it was signed or those of North Carolina. See G.S. 28A-2-3. An English will properly attested in the United Kingdom generally qualifies for probate here.
2. Formal Requirements under North Carolina Law
Under North Carolina law, a valid will must be in writing, signed by the testator, and witnessed by two competent adults. See G.S. 28A-2-2. North Carolina does not allow unwitnessed or purely handwritten (holographic) wills or codicils, regardless of language.
3. Handling the Handwritten Chinese Addendum
A handwritten Chinese addendum functions as a codicil. To admit it, you must show it meets the same formalities as the main will. If the addendum lacks two witness signatures or proper execution, North Carolina courts likely will not treat it as a valid codicil.
4. Translation and Certification
Court staff and judges must understand every page you submit. Provide a full, certified English translation of the Chinese text. Attach a translator’s notarized affidavit confirming accuracy. This helps ensure the clerk and judge review your addendum on its merits.
5. Authentication of the English Will
Attach an apostille or other authentication under The Hague Convention from the UK Secretary of State. This document proves your will’s legitimacy in North Carolina courts.
6. Filing Your Probate Petition
Submit a petition for probate of the English will and the addendum in the clerk of superior court’s office in the county where the decedent lived. Include:
- The original English will with apostille.
- The handwritten Chinese addendum.
- A certified translation of the addendum with translator affidavit.
- Proof of the decedent’s death (death certificate).
After filing, follow the notice requirements under Chapter 28A, Article 15. Once the notice period ends and no valid objections arise, the court issues Letters Testamentary.
Key Steps at a Glance
- Confirm the English will meets UK formalities and obtain an apostille.
- Determine if the Chinese addendum was properly witnessed per NC law.
- Order a certified English translation and translator’s affidavit.
- Compile the will, addendum, translation, death certificate, and apostille.
- File a probate petition in the proper NC Superior Court.
- Serve required notices to heirs and beneficiaries.
- Obtain Letters Testamentary to administer the estate.
Conclusion and Next Steps
Probating an English will with a handwritten Chinese addendum in North Carolina takes careful authentication, proper translation, and strict adherence to local formalities. Pierce Law Group’s attorneys guide you through each step. Contact us today to discuss your situation and protect your loved one’s estate plan.
Ready to get started? Email us at intake@piercelaw.com or call us at (919) 341-7055.
