Short Answer

In North Carolina, review your will, trust, and powers of attorney every 3–5 years and whenever a major life event happens (marriage, divorce, birth/adoption, death, a move, or a big change in assets). State law automatically changes some outcomes after divorce and for after-born children, but many documents and beneficiary designations will not update themselves. Do not handwrite changes on a will; sign a new will or a codicil with proper formalities.

Understanding the Problem

You’re in North Carolina and want to know how often you should review or update your estate planning documents so they still reflect your wishes. The decision is about when you must (and should) refresh your will, any revocable trust, and your financial and health care powers of attorney, especially as your life changes over time. You’ve reached out to a law firm to discuss planning, which is the right first step.

Apply the Law

Under North Carolina law, wills are “ambulatory,” meaning they take effect at death and can be changed during life, but only by the methods the statutes allow. Certain life events change how existing documents operate even if you don’t rewrite them. For example, after an absolute divorce, provisions in a will for a former spouse are revoked by law; similarly, after-born or after-adopted children may be entitled to share if omitted. A will is changed by a new, properly executed will or codicil, or revoked by qualifying physical acts; handwritten markups usually do not work. Beneficiary designations and account titling must be updated directly with banks and insurers. The Clerk of Superior Court is the probate office for wills after death.

Key Requirements

• Regular cadence: Proactively review every 3–5 years to catch tax, family, and asset changes.
• Life-event triggers: Update after marriage, divorce/annulment, birth/adoption, a death or incapacity of a named fiduciary/beneficiary, a move to or from North Carolina, or major asset changes (retirement rollovers, business sale).
• Proper update method: Use a new will or a codicil signed with two witnesses; avoid handwritten edits. Consider a self-proving affidavit at signing to ease probate.
• Non-probate assets: Review and update beneficiary designations and account titling (POD/TOD, JTWROS) so they match your plan.
• Trusts and powers: Amend revocable trusts per their terms or state law; refresh financial powers of attorney and health care directives so institutions will honor them.
• Storage and probate: Keep signed originals safe. After death, the original will is filed with the Clerk of Superior Court; originals remain with the clerk once probated.

What the Statutes Say

• North Carolina Gen. Stat. § 31-5.4 (Divorce/annulment) – Divorce or annulment revokes will provisions in favor of a former spouse unless the will provides otherwise.
• North Carolina Gen. Stat. § 36C-6-606 (Trusts after divorce) – Divorce or annulment revokes provisions in a revocable trust favoring a former spouse.
• North Carolina Gen. Stat. § 31-5.5 (After-born/adopted children) – Omitted after-born or after-adopted children may share in the estate unless exceptions apply.
• North Carolina Gen. Stat. § 31-5.1 (Revocation) – A written will is revoked by a later duly executed writing (like a codicil or new will) or by specific physical acts done with intent to revoke.

Analysis

Apply the Rule to the Facts: Because you’ve already contacted a firm about planning, start with a baseline review now. If your family, assets, or residence may change soon, plan to update promptly after the change. Use a new will or codicil with two witnesses rather than writing on the old will. Align your account beneficiaries with the updated plan, and refresh powers of attorney and health directives so third parties will accept them.

Process & Timing

1. Who files: You don’t file planning documents with the court. Where: Sign updated documents with your attorney in North Carolina. What: New will or codicil (with two witnesses, plus a self-proving affidavit if desired), updated revocable trust amendments, refreshed financial power of attorney and health care directives, and revised beneficiary forms with each institution. When: Every 3–5 years and within 60–90 days after major life events.
2. After signing: Deliver new beneficiary forms to banks, insurers, and plan administrators; expect processing to take days to a few weeks depending on the institution.
3. At death: The original will is filed with the Clerk of Superior Court in the county of domicile using the court’s probate application; the clerk keeps the original once admitted.

Exceptions & Pitfalls

• Handwritten edits on a signed will usually don’t work and can create disputes; use a properly executed codicil or a new will.
• Divorce revokes will and many trust gifts to a former spouse, but it does not change life insurance, retirement, or account beneficiaries—update those directly.
• Omitting an after-born or after-adopted child can shift shares by law; review immediately after a birth or adoption.
• Moving to or from North Carolina: many out-of-state wills are valid here, but formats and witness rules differ; review on relocation.
• Outdated powers of attorney and health care directives may be refused by institutions; re-execute periodically with current forms and required notarization/witnesses.

Talk to a Estate Planning Attorney

If you’re dealing with when and how to update your North Carolina estate plan, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.