How to Start the Estate Planning Process and Draft a Simple Will

1. Detailed Answer

Beginning the estate planning process in North Carolina starts with clearly defining your goals and gathering essential information. A simple will allows you to direct how your assets pass to loved ones and name an executor to manage your estate. Under North Carolina law, a valid will must meet the requirements in G.S. 31-1.1:

• The testator must be at least 18 years old and of sound mind.
• The will must be in writing, signed by the testator (or by another person at the testator’s direction and in the testator’s presence).
• Two competent witnesses must sign the will in the testator’s presence.

Follow these steps to draft a will that matches your family’s unique distribution preferences:

1. Identify your assets and liabilities. List real estate, bank accounts, retirement plans, investments, business interests, personal items of sentimental value, and any debts. Knowing your net estate helps you plan gifts and ensure fair distribution.
2. Clarify your distribution goals. Decide who should receive specific property or a percentage of your estate. Use clear language—for example, “I give my grandmother’s diamond ring to my daughter, Jane Doe.” Consider a personal property memorandum for items of sentimental value that may change over time.
3. Choose your executor and backup. Pick someone you trust to handle estate administration, pay debts, file necessary tax returns, and distribute assets under your will. You can also name a successor executor if your first choice cannot serve.
4. Discuss guardianship for minor children. If you have minor children, nominate a guardian and a successor guardian to care for them and manage any inheritance until they reach adulthood.
5. Draft your will with legal counsel. An attorney will prepare a document that meets North Carolina statutory requirements and clearly expresses your wishes. This reduces the risk of disputes or ambiguity.
6. Execute and store your will safely. Sign your will before two witnesses in the testator’s presence. Store the original document in a secure location—such as a safe deposit box or with your attorney—and let key family members know where to find it.
7. Review and update periodically. Revisit your will after major life events: marriage, divorce, birth of a child, or significant changes in assets. You can amend your will by signing a codicil or drafting a new document.

2. Key Steps to Begin Your Estate Planning Journey

• Inventory your assets and liabilities.
• Outline your family’s distribution preferences.
• Select an executor and backup executor.
• Name guardians for minor children if needed.
• Work with an attorney to draft and review your will.
• Sign your will with two witnesses present (G.S. Chapter 31).
• Store the original will securely and inform loved ones.
• Update your plan after major life events.

Proper planning ensures that your will reflects your family’s unique needs and meets North Carolina’s legal standards. A clear, well-executed will provides peace of mind and minimizes the potential for disputes.

Ready to take the next step? Pierce Law Group has attorneys experienced in guiding families through the estate planning process. Contact us today to schedule a consultation. Email us at intake@piercelaw.com or call (919) 341-7055 to get started.