Short Answer

In North Carolina, you can make a valid will if you’re at least 18 and of sound mind. Decide who should receive your property (family, friends, or charities), name an executor and backups, then sign your will with two witnesses present; add a notarized self‑proving affidavit to streamline probate. Review beneficiary designations on accounts because those pass outside your will. Consider related documents like powers of attorney and health care directives.

How North Carolina Law Applies

Without a spouse or children, North Carolina’s intestacy rules would send your assets to your parents, then siblings, then more distant relatives. A will lets you choose anyone you want, including friends and charities, and set percentages or specific gifts. North Carolina recognizes several types of wills, but the safest and most widely accepted is a typed (attested) will signed by you in front of two witnesses who also sign in your presence. Adding a self‑proving affidavit before a notary makes probate easier because the court won’t need to track down your witnesses.

Example: If you want 50% to a close friend, 30% to a sibling, and 20% to an animal rescue, you can lay that out in your will and name alternates in case someone you’ve named dies before you. You can also create a pet trust to fund your pet’s care and name someone you trust to handle the money.

Key Requirements

• Capacity and age: You must be at least 18 and of sound mind.
• Form: A typed (attested) will is strongly recommended; it reduces disputes.
• Signing: You sign the will, and two witnesses sign in your presence and in the presence of each other.
• Witnesses: Use disinterested witnesses (people who are not beneficiaries) to avoid challenges.
• Self‑proving affidavit: Not required but recommended to simplify probate.
• Executor: Name a primary and at least one alternate executor.
• Beneficiaries: Decide who receives specific items, cash gifts, and the remainder of your estate; name alternates.
• Nonprobate assets: Beneficiary designations on life insurance, retirement accounts, and payable‑on‑death accounts override your will—review and update them.
• Pets and special goals: Consider a pet trust for animal care and any charitable bequests.
• Storage: Keep the signed original in a safe but accessible place and tell your executor where it is.

Process & Timing

1. List assets and accounts; note which have beneficiaries (insurance, 401(k), IRA), joint owners, or TOD/POD designations.
2. Choose beneficiaries and alternates; decide on specific gifts versus percentages for the residue.
3. Select an executor and backups; confirm they’re willing to serve and collect contact information.
4. Plan for pets or unique property (e.g., a pet trust; instructions for collections or digital assets).
5. Address health and financial decision‑makers through separate powers of attorney and advance directives.
6. Draft the will in clear language; include a residuary clause so nothing is left out.
7. Execute the will: sign in front of two witnesses who sign in your presence and each other’s presence; then complete a self‑proving affidavit before a notary.
8. Store the original securely (fireproof safe or attorney’s vault) and give your executor a copy and location details.
9. Review every 2–3 years and after major life changes (moves, large purchases, new relationships).

What the Statutes Say

• North Carolina General Statutes, Chapter 31 (Wills) — Governs who can make a will and the required formalities.
• N.C. Gen. Stat. § 31‑3.3 (Attested written will) — Requirements for a typed will signed by you and witnesses.
• N.C. Gen. Stat. § 31‑3.4 (Holographic will) — North Carolina recognizes handwritten wills in limited circumstances, but they can be risky.
• North Carolina General Statutes, Chapter 32C (Uniform Power of Attorney Act) — Durable financial powers of attorney.
• North Carolina General Statutes, Chapter 32A, Article 3 (Health Care Power of Attorney) — Naming a health care agent.
• North Carolina General Statutes, Chapter 90, Article 23 (Right to a Natural Death) — Advance directives (living wills).
• N.C. Gen. Stat. § 36C‑4‑408 (Trust for care of animal) — Pet trusts.
• N.C. Gen. Stat. § 130A‑420 (Control of remains; final disposition) — Naming who controls your body’s final arrangements.

Exceptions & Pitfalls

• Relying on a handwritten (holographic) will can invite challenges; an attested will is safer.
• Using a beneficiary as a witness can void that person’s gift; use disinterested witnesses.
• Assuming notarization alone makes a will valid—witnesses are still required for an attested will.
• Forgetting nonprobate assets—update beneficiary designations so they match your plan.
• Not naming alternates for your executor or beneficiaries can cause delays if someone predeceases you.
• Out‑of‑state property may require extra steps; consider a revocable living trust to reduce probate across states.
• Life changes (new partner, major purchase, move) should trigger a review and possible update.

Helpful Hints

• Make a simple spreadsheet of assets, account numbers, and beneficiary designations; review yearly.
• Use full legal names and clear percentages for gifts; add “if they don’t survive me, then to…” language.
• Complete a self‑proving affidavit when you sign to make probate smoother for your executor.
• Tell your executor where the original will is stored and how to access it.
• If you support a charity, contact it for the correct legal name and preferred bequest language.
• Consider a pet trust if you have animals; fund it with a reasonable amount and name a caretaker and trustee.

Sources & References

• North Carolina General Statutes, Chapter 31 (Wills), ncleg.gov, current version.
• N.C. Gen. Stat. § 31‑3.3 (Attested written will), ncleg.gov, current version.
• N.C. Gen. Stat. § 31‑3.4 (Holographic will), ncleg.gov, current version.
• North Carolina General Statutes, Chapter 32C (Uniform Power of Attorney Act), ncleg.gov, current version.
• North Carolina General Statutes, Chapter 32A, Article 3 (Health Care Power of Attorney), ncleg.gov, current version.
• North Carolina General Statutes, Chapter 90, Article 23 (Right to a Natural Death), ncleg.gov, current version.
• N.C. Gen. Stat. § 36C‑4‑408 (Trust for care of animal), ncleg.gov, current version.
• N.C. Gen. Stat. § 130A‑420 (Control of remains; final disposition), ncleg.gov, current version.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Estate Planning Attorney

If you’re ready to create a will and related documents tailored to your goals in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.