Jan12026
Probate Q&A Series

What if there are two versions of a will and the newer one isn’t notarized—which one do I use? – North Carolina

Short Answer

In North Carolina, the will that controls is the most recent will that is validly executed and admitted to probate by the Clerk of Superior Court. A will does not have to be notarized to be valid, but notarization can make it “self-proved,” which usually makes probate easier. If there are two wills, the clerk may need to decide which script to probate first, and if a will is already probated and a different will is later presented, the dispute is typically resolved through a caveat proceeding in Superior Court.

Understanding the Problem

When a parent dies and two different documents each claim to be the “last will,” the key question under North Carolina probate law is: which document is the decedent’s valid last will that the Clerk of Superior Court should admit to probate. This situation often comes up when one version looks more “formal” because it was notarized, while a later version was signed but not notarized. It also comes up when the original signed will cannot be located right away and family members only have copies or competing versions.

Apply the Law

North Carolina focuses on whether the newer document was properly executed and whether it revokes the older will (either expressly or because the two documents cannot reasonably operate together). Notarization is not the same thing as validity. In many cases, notarization is used to create a “self-proved” will, which lets the clerk admit the will to probate without tracking down witnesses. If the will is not self-proved, probate can still happen, but the clerk usually needs witness testimony or other proof. The main forum is the office of the Clerk of Superior Court (estate division) in the county with proper jurisdiction for the estate.

Key Requirements

  • Valid execution (notarization is optional): A newer will that is not notarized may still be valid, but it must meet North Carolina’s execution rules (for example, proper signing and witnessing for an attested will) or be valid under another jurisdiction’s law that North Carolina recognizes.
  • Revocation and inconsistency: A later will does not automatically cancel an earlier will just because it is later in time. If the later will clearly revokes the earlier will, that usually controls. If there is no express revocation, North Carolina generally tries to read the documents together unless they are so inconsistent that they cannot stand together.
  • Probate controls title and authority: The document that is admitted to probate is the one that gives the personal representative authority to act for the estate and is what third parties typically require before transferring or selling estate assets.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Two scripts exist: an older notarized will naming a relative as executor and a later unnotarized will naming the spouse. Under North Carolina law, the later will could control if it was properly executed (even without notarization) and if it revokes the older will (expressly or because the provisions conflict so much they cannot operate together). Because the original will is still being located and residency is unclear, the clerk will likely focus on (1) producing the original signed document(s) and (2) whether the later will can be proved (for example, through witnesses if it is not self-proved) and recognized as valid under North Carolina’s choice-of-law statute.

Process & Timing

  1. Who files: The person offering the will for probate (often the nominated executor/personal representative or another interested person). Where: The Estates Division in the office of the Clerk of Superior Court in the North Carolina county with proper estate jurisdiction. What: The original will (if available) and the required probate application/forms; if the will is not self-proved, the clerk commonly requires witness affidavits or testimony (often using AOC forms such as an affidavit of subscribing witnesses). When: As soon as reasonably possible after death, especially if assets (like a vehicle) need to be sold and title/authority is required.
  2. Proving an unnotarized will: If the newer will is not self-proved, the clerk typically needs proof from subscribing witnesses. If witnesses cannot be found or are unavailable, the clerk may require additional proof (such as handwriting proof and other evidence) to be satisfied the will is genuine and properly executed.
  3. Handling multiple wills: If multiple scripts are presented before any will is admitted, the clerk generally decides which (if any) to admit in the first instance. If one will is admitted and a different will is later presented, the clerk generally cannot simply “undo” the first probate; the dispute is usually addressed through a caveat proceeding in Superior Court so the validity of the competing scripts can be resolved in one case.

Exceptions & Pitfalls

  • Assuming notarization decides validity: Notarization often relates to whether the will is self-proved, not whether it is valid. A notarized older will can still lose to a later properly executed will.
  • Not producing the original signatures: North Carolina probate practice generally requires original signatures for an attested will offered for probate. If the original cannot be found, the estate may need a separate “lost will” approach using a copy plus proof of due execution and non-revocation, which can take time.
  • Ignoring other scripts during a dispute: When more than one will exists, all scripts that could be material should be addressed in the same dispute process when possible. Leaving a second will out of the process can lead to outcomes that do not match anyone’s expectations.
  • Trying to sell a vehicle before authority is issued: A buyer, lender, or DMV process often requires letters/testamentary authority from the Clerk of Superior Court. Selling too early can create title and liability problems.
  • Residency and “which law applies” confusion: When the decedent spent time in more than one state, North Carolina may still recognize a will that complied with another jurisdiction’s execution rules, but the facts about where the decedent was present or domiciled can matter.

Conclusion

In North Carolina, the controlling will is the most recent will that was validly executed and admitted to probate by the Clerk of Superior Court, and a newer will does not become invalid just because it was not notarized. Notarization usually matters because it can make a will self-proved and easier to probate. If two wills exist, the clerk may decide which to probate first, and a later dispute may require a caveat in Superior Court. The most important next step is to file the original will for probate with the Clerk of Superior Court within two years of death.

Talk to a Probate Attorney

If there are two versions of a will and questions about which one controls, our firm has experienced attorneys who can help explain the probate process, what proof the clerk may require, and how timing affects estate assets like vehicles. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.