What Steps Should I Take to Create a Will in North Carolina?
Detailed Answer
Creating a valid will in North Carolina gives you control over how your property passes after you die. You can name who inherits your assets, choose a personal representative to settle your estate, and designate guardians for minor children. Follow these steps to ensure you meet North Carolina’s legal requirements and make your wishes clear.
1. Confirm You Meet Age and Capacity Requirements
You must be at least 18 years old and of sound mind. “Sound mind” means you understand the nature and extent of your property, recognize your relatives and other beneficiaries, and grasp the effect of signing a will.
2. Take Inventory of Your Assets
List real estate, bank accounts, retirement plans, personal property, and digital assets. Knowing what you own helps you make clear gifts in your will and avoid unintended outcomes.
3. Choose Your Beneficiaries and Distribution Plan
Decide who will receive specific items, sums of money, or a percentage of your estate. Consider alternate beneficiaries in case your first choice predeceases you.
4. Appoint a Personal Representative
Select a trustworthy person to serve as your personal representative (formerly called executor). This individual will file your will with probate court, pay debts and taxes, and distribute assets.
5. Name Guardians for Minor Children
If you have children under 18, appoint guardians to care for them and manage any property they inherit. Discuss this decision with the chosen individuals in advance.
6. Draft the Will
You can draft the will yourself using forms, but working with an attorney ensures clarity and compliance. The document must be in writing. North Carolina recognizes typed wills executed according to Chapter 31, Article 2 of the North Carolina General Statutes.
7. Sign in the Presence of Two Witnesses
North Carolina law requires your signature at the end of the will, witnessed by two competent adults who sign in your presence and each other’s (N.C. Gen. Stat. § 31-2.1). Witnesses should not be named beneficiaries to avoid challenges under § 31-2.7.
8. Add a Self-Proving Affidavit
A self-proving affidavit speeds up probate by allowing the will to be admitted without live witness testimony. Sign the affidavit before a notary public and your witnesses as described in N.C. Gen. Stat. § 31-2.11.
9. Keep the Original Will Safe
Store your signed original will in a fireproof home safe or with your attorney. Tell your personal representative and a trusted family member where to find the document.
Key Points to Remember
- You must be at least 18 and mentally competent.
- List all assets and clearly describe gifts.
- Choose a reliable personal representative and guardians for minors.
- Sign your will in the presence of two disinterested witnesses (§ 31-2.6).
- Include a self-proving affidavit to simplify probate.
- Store the original safely and inform key people of its location.
Need Help Creating Your Will?
Drafting a will involves important decisions and strict legal requirements. Pierce Law Group has experienced attorneys ready to guide you through every step. Contact us to protect your legacy and give your loved ones peace of mind.
Email us at intake@piercelaw.com or call (919) 341-7055 today to schedule a consultation.
