What is the Process for Drafting and Executing a Will in North Carolina?
Detailed Answer
A will lets you direct how to distribute assets and care for loved ones after you pass away. In North Carolina, you must follow specific steps under Chapter 31 of the General Statutes to ensure a court will recognize your will as valid.
1. Identify Your Property and Beneficiaries
Start by listing all assets, from real estate and bank accounts to personal items. Decide who will inherit each asset. If you have minor children, choose a guardian.
2. Draft the Written Will
You can draft a will yourself or work with an attorney. An attorney helps you use precise language and avoid common pitfalls. The will must:
- Be in writing (typed or handwritten)
- Name you (the testator) and state your intent to create a will
- Describe your assets and name beneficiaries
- Name a personal representative (executor) to handle your estate
3. Meet Legal Execution Requirements
North Carolina law sets clear rules for executing a valid will. You must:
- Have capacity: Be at least 18 years old and mentally competent.
- Sign the will: Sign at the end of the document or direct someone else to sign on your behalf.
- Obtain two witnesses: Two adults, who are not beneficiaries, must witness your signature in each other’s presence and in yours. See N.C. Gen. Stat. § 31-2-101 for full requirements (link).
4. Add a Self-Proving Affidavit
Including a self-proving affidavit lets the court accept your will without calling witnesses during probate. You, plus the two witnesses, swear before a notary that you executed the will properly. For details, review N.C. Gen. Stat. § 31-2-103 (link).
5. Store the Original Safely
Keep the original will in a secure location, such as a safe or law firm file. Let your personal representative know where to find it.
Checklist for Drafting and Executing a Will
- Inventory your assets and name beneficiaries
- Draft a clear, written will
- Confirm you are 18+ and of sound mind
- Sign the will at the end of the document
- Arrange for two disinterested witnesses
- Consider adding a self-proving affidavit
- Store the original will in a secure place
Properly drafting and executing your will ensures your final wishes carry out smoothly. The attorneys at Pierce Law Group guide you through every step to protect your legacy. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation today.
