What Estate Planning Documents Should I Have in Place in North Carolina?
Detailed Answer
Creating an estate plan ensures your wishes guide financial and health decisions after incapacity or death. In North Carolina, key documents operate together to protect you, your assets, and your loved ones.
Last Will and Testament
A will names guardians for minor children, distributes property, and appoints an executor. To be valid, a will must conform to North Carolina General Statutes Section 28A-2-1. See N.C. Gen. Stat. § 28A-2-1.
Durable Power of Attorney
This document lets you appoint an agent to manage finances if you cannot. North Carolina follows the Uniform Power of Attorney Act. Your durable power of attorney must meet requirements in Chapter 32C.
Health Care Power of Attorney
A health care power of attorney appoints someone to make medical decisions if you are incapacitated. Statutes in Article 6 of Chapter 90 cover requirements. See N.C. Gen. Stat. § 90-322.
Living Will (Directive to Physicians)
A living will records your wishes on life-sustaining treatment. North Carolina sets form and execution rules in N.C. Gen. Stat. § 90-21.14A.
Revocable Living Trust
A revocable trust holds assets during your life and offers privacy and probate avoidance. You name a successor trustee to distribute property after death.
Beneficiary Designations
Review beneficiary forms on retirement accounts, life insurance, payable-on-death bank accounts, and transfer-on-death deeds. These override a will when valid.
Guardianship Designation for Minors
In your will, nominate guardians for children under 18. This simplifies court approval and protects minors if both parents pass away.
Key Documents Checklist
- Last Will and Testament
- Durable Power of Attorney for Finances
- Health Care Power of Attorney
- Living Will (Directive to Physicians)
- Revocable Living Trust (if beneficial)
- Up-to-Date Beneficiary Designations
- Guardianship Nomination for Minor Children
- HIPAA Release Authorization
- Prepaid Funeral or Burial Directive
Next Steps
Estate planning can feel overwhelming. Pierce Law Group’s attorneys help you tailor each document to your needs and ensure legal compliance. Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.
