Short Answer

Yes. In North Carolina, you can use a simple will that leaves everything to your primary beneficiary (your child) and names two alternates, without listing each asset. A clear residuary clause can capture all property you own at death, including assets acquired after you sign. Be sure the will is properly executed and consider a self-proving affidavit to streamline probate.

Understanding the Problem

You want a straightforward North Carolina will that leaves everything to your child, with two backups if your child cannot inherit, and you do not want to list each asset. You recently moved to North Carolina and own property here that your older will does not cover.

Apply the Law

North Carolina allows a will that disposes of “the rest, residue, and remainder” of your estate to cover all property you own at death, including after-acquired assets. You do not need to itemize your assets in the will. The key is to execute the will with the required formalities, use clear beneficiary and alternate provisions (and specify what happens if a beneficiary predeceases you), and understand that your will does not control nonprobate assets (like accounts with beneficiary designations). Probate occurs before the Clerk of Superior Court after death; there is generally no hard deadline to offer a will, though other timelines can affect third-party rights.

Key Requirements

• Valid execution: Sign a written will before two competent witnesses; they must sign in your presence. A notary is not required for validity, but is used for self-proof.
• Self-proving option: Add a self-proving affidavit so your witnesses do not need to testify at probate.
• Residuary clause: Include a catch-all clause so all assets (including ones you acquire later) pass to your named beneficiary(ies).
• Alternates and lapse planning: State what happens if a beneficiary dies before you (e.g., name alternates and/or specify per stirpes). North Carolina’s anti-lapse law may substitute a beneficiary’s descendants if you do not say otherwise.
• Out-of-state will considerations: Wills valid where signed or where you were domiciled can be valid in North Carolina, but a fresh NC-compliant will can avoid ambiguity and ensure your NC real property is covered.
• Nonprobate alignment: Update beneficiary designations; your will does not control payable-on-death or survivorship accounts.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.3 (Attested written wills) – Requires a written will signed by the testator with two witnesses.
• N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a notary-backed affidavit so witnesses need not appear at probate.
• N.C. Gen. Stat. § 31-46 (Validity of out-of-state wills) – Honors wills valid where executed or where the testator was domiciled.
• N.C. Gen. Stat. § 31-42 (Anti-lapse) – If a qualifying beneficiary dies first, that beneficiary’s issue may take unless the will says otherwise.

Analysis

Apply the Rule to the Facts: A simple NC will with a residuary clause lets you name your child first and two alternates, without listing assets. Because you now own North Carolina property not covered by your old out-of-state will, signing a new NC-compliant will with a revocation clause is the cleanest way to ensure that property passes as you intend. To avoid witness hassles at probate, include a self-proving affidavit and keep the signed original in a safe place.

Process & Timing

1. Who files: You (the testator) do not file anything during life. Where: Execute your will privately (often at your attorney’s office) in North Carolina. What: A new simple will with (a) a revocation clause, (b) a residuary clause to “all my property,” (c) your child as primary beneficiary, and (d) two named alternates; add a self-proving affidavit. When: As soon as your draft is finalized and you can gather two witnesses and a notary for self-proof.
2. After execution, store the original safely and let your executor know where it is. Update beneficiary designations on nonprobate assets to match your will.
3. After death, your executor offers the original will for probate with the Clerk of Superior Court in your county. If the will is self-proved, the clerk can admit it without witness testimony and issue the certificate of probate.

Exceptions & Pitfalls

• Spousal rights: A surviving spouse can claim an elective share that overrides a simple “all to my child” plan; plan accordingly if you are married.
• Nonprobate assets: Your will does not control beneficiary-designated accounts or joint-with-survivorship property—update those forms.
• Anti-lapse vs. your intent: If you want alternates (or per stirpes) to control who takes if someone dies before you, say so to avoid default anti-lapse results.
• Lost originals: Keep the original safe; if it cannot be found at death, a presumption of revocation can complicate probate.
• Out-of-state wills: Prior out-of-state wills may be valid here, but a fresh NC will avoids coverage gaps for NC real property and simplifies probate.

Talk to a Estate Planning Attorney

If you’re dealing with updating a simple North Carolina will to name a primary and backup beneficiaries and align it with your move and new property, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.