Jan152026
Probate Q&A Series

Is a will signed by witnesses but not notarized valid, and can it be used to inherit money from a bank account? – North Carolina

Short Answer

In North Carolina, a will generally does not have to be notarized to be valid. A typical written will is valid if the person who made it signed it and at least two competent witnesses signed it in the required way.

However, whether that will can be used to inherit money from a bank account depends on where the account is located and how the account is titled. A North Carolina probate order may help with North Carolina assets, but a bank account held in another country often requires following that country’s inheritance and banking procedures.

Understanding the Problem

Under North Carolina probate law, the key decision point is whether a written will that was signed by witnesses but not notarized can still be treated as a valid will for inheritance purposes. The practical follow-up is whether that will can be used to access and transfer money held in a bank account, especially when the decedent was a foreign citizen and the known account is located outside the United States.

Apply the Law

North Carolina recognizes an “attested written will” when it is signed by the testator (the person making the will) and properly witnessed. Notarization is not part of the basic validity requirements. Notarization usually comes into play when the will is made “self-proved,” which can streamline probate because the Clerk of Superior Court can accept the will without having to locate witnesses later.

In North Carolina, probate and estate administration are handled through the Clerk of Superior Court (as judge of probate). Even with a valid will, many institutions will not release funds until they receive documentation showing who has authority to act for the estate (or proof the asset passes outside probate).

Key Requirements

  • Proper signing by the testator: The will must be signed by the person making it (or signed for that person, in that person’s presence and at that person’s direction).
  • Two competent witnesses: At least two competent witnesses must sign as witnesses in the manner North Carolina requires.
  • Probate proof (if not self-proved): If the will is not self-proved, the probate process commonly requires witness proof (or other acceptable proof) before the Clerk admits the will to probate.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a decedent who appears to have a witnessed will but no notarization. Under North Carolina law, lack of notarization does not automatically invalidate a properly witnessed will, but it can make probate more paperwork-heavy because the Clerk may need witness proof rather than relying on a self-proving affidavit. The bigger practical issue is that the known asset is a bank account held in a foreign country, and a North Carolina probate order may not be sufficient by itself to compel a foreign bank to release funds without compliance with that country’s requirements.

Process & Timing

  1. Who files: The person named as executor in the will (or another qualified person if no executor can serve). Where: The Clerk of Superior Court in the appropriate North Carolina county if North Carolina probate is needed. What: An application to probate the will and to be appointed (letters testamentary/letters of administration with the will annexed). When: As soon as practical after death, especially if institutions require court authority to act.
  2. Proving the will: If the will is not self-proved, the Clerk typically requires proof from the witnesses (or other acceptable proof if witnesses cannot be found). If the will is self-proved, the notarized self-proving affidavit can reduce the need to locate witnesses.
  3. Using the probate paperwork with a bank: For a North Carolina bank account, banks often accept certified probate documents showing the personal representative’s authority. For a bank account located in another country, the bank commonly requires compliance with that country’s succession process (sometimes including local court orders, translations, apostilles, or local estate administration).

Exceptions & Pitfalls

  • “Not notarized” vs. “not properly witnessed”: A will can be valid without notarization, but it can fail if the witness requirements were not met (for example, if witnesses did not sign in the required manner).
  • Bank account may pass outside the will: Some accounts transfer by contract (for example, survivorship or beneficiary designations). If the account is structured that way, the will may not control that account. (Rules differ by country and by the bank’s documents.)
  • Foreign account complications: A foreign bank may not honor North Carolina probate documents alone. Local counsel in the country where the account is held may be needed to confirm the required inheritance procedure and documentation.
  • Proof problems when witnesses cannot be found: If the will is not self-proved and witnesses are unavailable, additional steps may be needed to prove the will, which can slow the process.

Conclusion

In North Carolina, a will signed by the testator and properly signed by at least two competent witnesses can be valid even if it is not notarized. Notarization mainly matters for making a will “self-proved,” which can simplify the probate proof required by the Clerk of Superior Court. Whether the will can be used to inherit money from a bank account depends heavily on where the account is located and how it is titled; a foreign bank account often requires following that country’s succession process. The next step is to file the will with the Clerk of Superior Court if North Carolina probate authority is needed.

Talk to a Probate Attorney

If a will is witnessed but not notarized and the goal is to access funds from a bank account (especially when the account is outside the U.S.), our firm has experienced attorneys who can help explain the North Carolina probate steps and what documents are typically needed. 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.