Short Answer

In North Carolina, a single parent’s will should clearly: (1) name an executor and waive bond, (2) make a specific gift of the home or direct its sale with express power of sale, (3) name a guardian for a minor child, (4) create a testamentary trust or UTMA plan for any inheritance to a minor, and (5) include a residuary clause, survivorship period, and backups. Make the will self-proved so probate is smoother, and address debts and taxes, as claims (including potential Medicaid recovery) can require a sale.

Understanding the Problem

In North Carolina, a single parent asks: how do I write my will so my one child receives my fully paid home, and what specific provisions belong in the document? The parent is widowed, lives in a nursing home, already signed financial and healthcare powers of attorney, and needs a last will and testament that covers the house and cares for the child if the child is under 18.

Apply the Law

North Carolina requires formal execution of attested wills and allows a will to be made self-proved so witnesses are not needed later. Real property generally passes to devisees upon probate, but the personal representative needs clear authority in the will to manage or sell real estate. If a child could be a minor beneficiary, the will should name a guardian and control how and when the child receives property (trust or UTMA). The Clerk of Superior Court is the probate forum, and survivorship and creditor timelines can affect outcomes.

Key Requirements

• Proper execution and self-proving: Sign with two witnesses and add a self-proving affidavit so the clerk can probate without witness testimony.
• Executor and bond waiver: Appoint a primary and backup executor; waive bond to reduce cost and delay.
• Real property plan and power of sale: Specifically devise the home (with a clear description) or direct sale; give the executor express power to possess, manage, and sell real estate.
• Guardianship for a minor child: Nominate a guardian of the person and estate, and build a plan if the child is under 18 at your death.
• Trust/UTMA for minors: Use a testamentary trust with age-based distributions, or authorize UTMA transfers for smaller inheritances.
• Residuary, backups, and survivorship: Include a residuary clause, alternate beneficiaries, and a survivorship period (e.g., 120 hours) to avoid confusion and unintended anti-lapse outcomes.
• Debts and taxes clause: Clarify how expenses and taxes are paid; recognize that creditor claims (including potential Medicaid estate recovery) may require liquidity or sale.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – sets execution requirements (testator and two witnesses).
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – allows self-proving affidavits to streamline probate.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property) – real property vests in devisees upon probate, subject to estate needs.
• North Carolina Gen. Stat. § 35A-1225 (Nomination of guardian by will) – allows a parent to nominate a guardian for a minor child.

Analysis

Apply the Rule to the Facts: Because the parent is widowed with one child and owns a paid-off home, the will should either specifically gift the home to the child or direct the executor to sell it and distribute proceeds. To avoid court hurdles after death, the will should be self-proved and grant the executor explicit power to possess, maintain, and sell real property. If the child could be under 18 at death, include a guardian nomination and a testamentary trust or UTMA authority so inheritance is managed without a separate guardianship proceeding. Include survivorship and alternates to avoid anti-lapse surprises.

Process & Timing

1. Who files: The parent (testator) signs the will; after death, the named executor applies. Where: Clerk of Superior Court in the county of domicile. What: A properly executed, self-proved will; after death, the executor files the Application for Probate and Letters Testamentary (AOC-E-201). When: Execute the will now; after death, probate typically begins within weeks; certified copies may be filed in other counties where real estate lies.
2. Once qualified, the executor publishes notice to creditors and begins collecting assets, paying valid claims, and managing the home. If a sale is needed for debts or convenience, the express power of sale in the will allows the executor to proceed more efficiently (court orders otherwise may be required).
3. After the claims window closes and administration is complete, the executor distributes the home (or proceeds) under the will, then files a final account and closes the estate.

Exceptions & Pitfalls

• No minor plan: If the child is under 18 and the will lacks a trust/UTMA plan, the court may require a guardianship or court-controlled funds, causing delay and cost.
• Missing power of sale: Without an express power or direction, the executor may need separate court authority to possess or sell real property, slowing administration.
• Ambiguous house description: Vague or incorrect property descriptions create disputes; include a clear street address and, if available, a legal description.
• Anti-lapse surprises: If the child predeceases you and you do not name alternates or a survivorship period, North Carolina’s anti-lapse rules may shift gifts to descendants automatically; be explicit about backups.
• Creditor/Medicaid claims: Valid claims (including possible Medicaid estate recovery) can require selling the home; plan liquidity and clarify the debts/taxes clause.
• Bond and backups: Failing to waive bond or name backup fiduciaries leads to cost and delay if the first choice cannot serve.
• Minor distributions by UTMA: For small gifts, UTMA can be efficient; larger transfers may require court approval absent clear will authority—plan for this in the will.

Talk to a Estate Planning Attorney

If you’re planning a will to provide for your child and address your North Carolina home, our firm can help you build the right provisions and timeline. Call us today to get started.

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.