Short Answer

In North Carolina, you cannot fully execute a will virtually today. A will must be signed in front of two witnesses who are physically present with you; a notary is optional unless you want the will to be self-proved. Temporary pandemic-era video witnessing/notarization ended in 2021. Financial powers of attorney require notarization and may be eligible for remote notarization under current notary rules, but health care powers of attorney still need two in-person witnesses plus a notary.

Understanding the Problem

You want to update your North Carolina estate plan after your spouse’s death. The question is whether you can sign a revised will and updated powers of attorney entirely online, using a remote notary and remote witnesses, to avoid an in‑person signing.

Apply the Law

North Carolina requires in-person witnessing for a typed (attested) will: you sign, and two competent witnesses sign in your presence. A notary is not required to make a valid will, but a notary can make it “self‑proved” so it can be probated without calling witnesses. During COVID-19, North Carolina briefly allowed video witnessing/notarization, but that authority sunset at the end of 2021. For powers of attorney: a financial power of attorney must be signed and acknowledged before a notary; a health care power of attorney must be signed before two adult witnesses and a notary. The Clerk of Superior Court later handles probate of wills (original “wet‑ink” signatures are required); powers of attorney are not filed with the court during life, though a POA used for real estate is typically recorded with the Register of Deeds.

Key Requirements

• Will execution: You sign; two witnesses sign in your presence; originals (not copies) are needed for probate. A notary is needed only if you want a self‑proved will.
• Self‑proving a will: Your acknowledgment and the witnesses’ affidavits are notarized at execution or later, so probate can proceed without witness testimony.
• No current video execution for wills: Pandemic‑era video witnessing/notarization has expired; physical presence is required.
• Financial power of attorney: Must be signed and acknowledged before a notary; remote notarization may be available depending on the notary’s authorization and platform.
• Health care power of attorney: Requires two in‑person adult witnesses plus a notary; certain people are disqualified as witnesses under North Carolina law.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written will requirements) – Will signed by testator and at least two witnesses in the testator’s presence.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proved wills) – Allows notarized acknowledgments/affidavits to make a will self‑proved.
• North Carolina Gen. Stat. § 28A-2A-8 (Probate of attested written will) – Describes proof required to admit an attested will to probate.

Analysis

Apply the Rule to the Facts: Because you are updating a North Carolina will, you will need an in‑person signing with two witnesses physically present; a fully virtual ceremony is not permitted now. We can add a self‑proving affidavit at the same time so the will can be probated without witnesses later. Your updated financial power of attorney must be notarized; in some cases a North Carolina notary authorized for remote notarization can complete it online. Your health care power of attorney still requires two in‑person adult witnesses plus a notary.

Process & Timing

1. Who files: No court filing is needed to create these documents. Where: Sign at your attorney’s office, your home, or another arranged location in North Carolina. What: Will; self‑proving affidavit; financial power of attorney; health care power of attorney; HIPAA release (firm‑prepared forms). When: Schedule one coordinated signing; build in time to secure two disinterested witnesses for the will and health care power of attorney.
2. For the will, we conduct an in‑person ceremony with two witnesses; if desired, we add the notarized self‑proving affidavits the same day. For the financial power of attorney, we arrange an in‑person notary or, if available, a compliant remote notarization session. For the health care power of attorney, we seat two qualified witnesses in person and complete the notary acknowledgment.
3. After signing, you keep the original will in a safe place; we provide certified copies as needed. We give you originals/copies of your powers of attorney and HIPAA release to share with agents and providers. If your financial POA will be used to sign a deed, we coordinate recording with the Register of Deeds before the real estate transaction.

Exceptions & Pitfalls

• Pandemic‑era video witnessing/notarization ended in 2021; do not rely on virtual witnessing for wills today.
• North Carolina does not recognize electronic wills; original ink signatures for the will and witnesses are required for probate.
• A self‑proving affidavit streamlines probate, but it does not replace the need for two witnesses at will execution.
• Remote notarization has technical and credentialing requirements; confirm your notary’s authorization and platform before planning an online notarization.
• Health care power of attorney witnesses must be disinterested adults; using an ineligible witness can invalidate the document. Have your attorney provide qualified witnesses.

Talk to a Estate Planning Attorney

If you’re updating your North Carolina will and powers of attorney and want a smooth, compliant signing plan, our firm can help you understand your options and timelines. Contact our estate planning team to schedule a consultation.

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.