Short Answer

Yes for consultations, but not entirely for signings. In North Carolina, you can meet with your attorney virtually and prepare documents remotely. However, North Carolina does not recognize electronic wills, and fully virtual will signings are not currently authorized. A temporary COVID-era law allowed video witnessing/notarization for wills from May 4, 2020 through December 31, 2021 only. Today, most estate planning documents can be coordinated remotely, but final execution often still requires in‑person formalities, especially for wills.

Understanding the Problem

You want to know whether, in North Carolina, you can complete your estate planning and notarize documents virtually. You’re planning for yourself and a parent and prefer a convenient signing process that fits a busy schedule and covers business and intellectual property assets. The core decision: which parts can be done remotely, and which documents still require in‑person signing under North Carolina law?

Apply the Law

North Carolina recognizes traditional, paper wills signed by the testator and two competent witnesses in each other’s presence. A notary is not required for a will’s validity, but a will may be made “self‑proved” with a notarized acknowledgment by the testator and affidavits from the witnesses. Original, wet-ink signatures are required when a will is later probated with the Clerk of Superior Court. North Carolina does not recognize electronic wills, and the temporary video witnessing/notarization option ended on December 31, 2021. Other estate documents (for example, certain powers of attorney and health care directives) have their own witnessing/notary rules; some may be completed with remote coordination, but execution requirements must be followed exactly.

Key Requirements

• Traditional will formalities: A typed or handwritten will must be signed by the testator and attested by at least two competent witnesses, in each other’s presence.
• Self‑proving option: A will can be made easier to probate if the testator and witnesses sign a notarized self‑proving affidavit at execution or later.
• Original signatures: The Clerk of Superior Court requires original signatures of the testator and witnesses to probate an attested will.
• No electronic wills: North Carolina does not permit wills that exist only in electronic form or rely solely on digital signatures.
• Temporary video rules expired: COVID‑era video witnessing/notarization for wills applied only from May 4, 2020 through December 31, 2021.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested written wills) – Requires testator’s signature and attestation by two competent witnesses in each other’s presence.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proved wills) – Allows a will to be made self‑proved by a notarized acknowledgment and affidavits of witnesses.
• North Carolina Gen. Stat. § 28A-2A-8 (Proof of will) – Outlines proof required if a will is not self‑proved.
• North Carolina Gen. Stat. § 31-46 (Validity of out‑of‑state wills) – A will valid where executed or where domiciled can be valid in North Carolina.

Analysis

Apply the Rule to the Facts: Because you want virtual convenience for you and a parent, you can complete consultations and drafts remotely. For wills, North Carolina requires in‑person witnessing and original signatures; you cannot complete a new will entirely online. If either of you signed a will by video during May 4, 2020 to December 31, 2021, it may be valid if those temporary rules were met. For powers of attorney, health directives, and business‑planning documents, we can structure a plan and confirm which can be notarized remotely versus those that still need in‑person execution.

Process & Timing

1. Who files: No court filing is needed to create a plan. Where: Execution occurs at a law office or coordinated location in North Carolina (and in some cases via approved remote notarization when permitted). What: Sign will with two witnesses and, if desired, a self‑proving affidavit before a notary; complete any powers of attorney/health directives with their required witnesses/notary. When: Schedule signing once documents are finalized; if relying on a video‑executed will, it must have occurred between May 4, 2020 and December 31, 2021 under the temporary law.
2. Coordinate logistics: we arrange witnesses and a notary for wills; for other documents, we confirm whether remote notarization is available and set up the approved platform if applicable. Timing varies by county and notary availability.
3. Post‑execution: store originals securely; if a will was self‑proved, probate is typically simpler when later presented to the Clerk of Superior Court.

Exceptions & Pitfalls

• Electronic wills are not recognized; avoid platforms that promise a fully digital will.
• Remote witnessing for wills is no longer authorized; plan for in‑person witnesses and original signatures.
• Do not rely on scans or photocopies for probate; the Clerk of Superior Court expects original signatures.
• If a will was video‑executed during 2020–2021, it must include the required statements about North Carolina location and counties; missing details can complicate probate.
• Out‑of‑state signings follow different laws; if you or your parent signed elsewhere, validity may depend on that jurisdiction’s rules.

Talk to a Estate Planning Attorney

If you’re dealing with estate planning for yourself and a parent and want a streamlined path that respects North Carolina’s signing rules, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .