Short Answer

Yes. North Carolina lets a will refer to a separate written list (often called a personal property memorandum) to give specific tangible personal items to named recipients without redoing the whole will. The list must be signed (or entirely in your handwriting), describe the items and recipients clearly, and it can be created or updated after the will is signed. It does not cover money, accounts, securities, vehicles, real estate, or business-use property.

Understanding the Problem

In North Carolina estate planning, can you direct specific household items (like jewelry or furniture) to one child using a memo, instead of updating your entire will? One key fact: your current will leaves the rest of your personal property to two children equally.

Apply the Law

North Carolina law allows a will to reference a separate written statement or list to dispose of tangible personal property. This tool works only for non-titled, tangible items (for example, furniture, jewelry, art), and only if the will includes language allowing such a list. The writing must be signed (or entirely handwritten), clearly identify the items and the intended recipients, and can be updated over time. The Clerk of Superior Court handles probate, and the named executor must present the will promptly after death.

Key Requirements

• Will reference: Your will must say you may leave certain tangible personal property by a separate written statement or list.
• Signed or handwritten list: The list must be signed by you (or be entirely in your handwriting) and describe items and beneficiaries with reasonable certainty.
• Covered property only: The list applies to tangible personal property not used in a trade or business. It does not control money, accounts, securities, documents of title, vehicles, real estate, timeshares, or business-use items.
• Made or updated anytime: You may create or change the list before or after you sign your will; the most recent list controls if there are multiple lists.
• Conflicts: A specific gift in the will generally controls over an inconsistent memo entry unless the will says otherwise.

What the Statutes Say

• North Carolina Gen. Stat. § 31-51.1 (Separate writing for tangible personal property) – Allows a will to refer to a signed list for tangible personal property, with limits and requirements.
• North Carolina Gen. Stat. § 31-51 (Incorporation by reference) – Permits a will to incorporate another document if certain conditions are met.
• North Carolina Gen. Stat. § 31-3.3 (Attested wills) – Sets execution rules for a written will that refers to a personal property list.
• North Carolina Gen. Stat. § 28A-2A-2 (Duty to present will) – Requires a named executor to present the will, with timing and remedies if delayed.

Analysis

Apply the Rule to the Facts: Because your will leaves the rest of your personal property to two children equally, a signed personal property memo lets you carve out specific tangible items (like jewelry or furniture) for one child. It cannot cover your timeshare (a real property interest) or affect bank/investment accounts with pay-on-death designations or life insurance proceeds, which pass outside the will. If your will already specifically gives an item, that specific bequest usually controls over the memo.

Process & Timing

1. Who files: After death, the named executor(s). Where: Clerk of Superior Court in the North Carolina county of domicile. What: File the original will and Application for Probate and Letters (AOC-E-201); provide the signed personal property list with the will for the file and for guidance in distributions. When: The named executor should present the will promptly; if not presented within 60 days, any interested person may apply after giving notice.
2. Once the Clerk admits the will to probate and issues Letters, the personal representative identifies the items on the memo and distributes those items to the named recipients. Counties vary on whether the memo is kept in the court file or in the attorney’s file.
3. The personal representative lists specifically bequeathed tangible items separately on the Inventory and finalizes distributions per the will and memo.

Exceptions & Pitfalls

• The memo cannot give money, accounts, stocks, bonds, vehicles, real estate, timeshares, or business-use property.
• It does not change pay-on-death, transfer-on-death, joint ownership with survivorship, or life insurance beneficiaries.
• Ambiguity causes disputes—identify items and recipients with precision (for example, include make/model/serial number or a clear description).
• Make sure your will contains the clause authorizing a separate list; without it, your options are limited.
• If your will already specifically gives an item, that will provision typically controls over the memo.
• Keep only your current list with your will; date and sign updates, and discard outdated versions so the most recent governs.

Talk to a Estate Planning Attorney

If you’re dealing with how to leave certain heirlooms or personal effects to one child without changing your whole will, 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.