Determining Which Will Is Valid in North Carolina
When someone leaves more than one will, you must figure out which one controls the distribution of their estate. North Carolina law lays out clear requirements for making a valid will. If you understand these rules, you can spot the will that meets the state’s standards and address any conflicts.
1. Types of Wills Recognized by North Carolina
North Carolina acknowledges two main categories of wills:
- Attested (Formal) Will: Written document signed by the testator and witnessed by at least two qualified witnesses. See N.C. Gen. Stat. § 31-2.2.
- Holographic Will: Handwritten by the testator and signed, without witnesses. See N.C. Gen. Stat. § 31-2.5.
2. Key Requirements for an Attested Will
To qualify as an attested will in North Carolina, the document must:
- Be in writing.
- Be signed at the end by the testator or by another person in the testator’s presence and at the testator’s direction.
- Be witnessed by two adults who sign within a reasonable time and in the testator’s presence.
- Include language that shows the testator intends the document to serve as their last will and testament.
3. Key Requirements for a Holographic Will
A holographic will must be entirely in the testator’s handwriting and bear the testator’s signature. North Carolina does not allow any typed portions or witnesses for this type of will. If even a single line is typed, the document must meet attested will requirements to be valid.
4. Determining Which Will Prevails
Under North Carolina law, a later valid will generally revokes earlier wills. If you have two or more wills:
- Compare execution dates. The most recent valid will controls.
- Confirm each will met legal requirements at the time of signing.
- If a later will fails any requirement, it stays invalid and the prior valid will governs.
5. Contesting a Will’s Validity
Interested parties may challenge a will within three months after issuance of letters testamentary or letters of administration. Grounds for contest include lack of capacity, undue influence, or improper execution. See N.C. Gen. Stat. § 31-19.
Quick Reference Checklist
- Testator is at least 18 and of sound mind.
- Will is in writing (formal) or entirely handwritten (holographic).
- Formal will signed in presence of two qualified witnesses.
- Handwritten will contains no typed text or witness signatures.
- Latest valid will revokes earlier wills.
- Challenges must occur within three months of probate.
Ready to Make Sure Your Will Stands Up in Court?
If you have multiple drafts or need help confirming your will meets North Carolina law, Pierce Law Group can guide you through probate. Our attorneys know the rules for valid wills and can help you avoid disputes. Contact us today by email at intake@piercelaw.com or call (919) 341-7055 to protect your legacy.
