Short Answer

Yes. In North Carolina, any attorney may review and update your will, even if another lawyer drafted it. You can amend by signing a codicil or replace the document with a new will that expressly revokes prior wills. To be valid, you must sign in front of two witnesses; a notary is not required for validity but is used to make the will “self‑proved.” You do not need the prior drafting attorney.

Understanding the Problem

Can you hire a North Carolina estate planning attorney to review and amend a will another lawyer prepared, even if the original drafter cannot be reached? Here, your prior attorney is unavailable, and you want to update your plan with a new firm.

Apply the Law

Under North Carolina law, a will is ambulatory—you may change it during your lifetime. You can amend with a codicil (a written supplement) or sign a new will that revokes the old one. An attested will must be signed by you and witnessed by at least two competent witnesses who sign in your presence; notarization is not required for validity but is used to add a self‑proving affidavit, which eases probate before the Clerk of Superior Court. The prior drafting attorney does not need to participate. If you worry about future challenges, you may consider a proceeding to validate your will during life (often called living probate) in the county where you live.

Key Requirements

• Proper execution: Sign your will (or codicil) and have two competent witnesses sign in your presence; a notary is optional for validity but recommended for a self‑proving affidavit.
• Codicil vs. new will: Use a codicil for narrow changes; use a new will with an explicit revocation clause if changes are extensive or to avoid multiple documents.
• Revocation: A later written will or codicil executed with proper formalities can revoke earlier wills; physical destruction with intent also revokes.
• Self‑proving option: Add the statutory self‑proving affidavit before a notary to streamline later probate with the Clerk of Superior Court.
• Storage and originals: Keep the original safe; consider depositing it with the Clerk of Superior Court for safekeeping. Avoid handwritten edits on the original.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written will) – Signature and two-witness requirements.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Optional affidavit that simplifies probate.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of written wills) – Revocation by later writing or physical act with intent.
• North Carolina Gen. Stat. § 28A-2B-1 (Proceeding to declare will valid) – Optional lifetime validation (living probate).

Analysis

Apply the Rule to the Facts: Because your prior attorney is unreachable, a new North Carolina attorney can still review your existing will and either draft a codicil or prepare a new will. If you want several changes, a fresh will with an express revocation clause is cleaner and reduces confusion. Your updated document must be signed with two witnesses, and adding a self‑proving affidavit before a notary will make probate easier later. Keep the new original safe so it can be located when needed.

Process & Timing

1. Who signs: You. Where: At your North Carolina attorney’s office. What: Execute either a codicil or a new will; include the statutory self‑proving affidavit language. When: No court filing is required during life; update as soon as your changes are ready.
2. Your attorney conducts a brief execution ceremony with two disinterested witnesses and a notary for the self‑proving affidavit. This typically occurs at the signing meeting.
3. Store the original safely (fireproof home safe or deposit it with the Clerk of Superior Court for safekeeping). Your attorney can provide copies and storage guidance.

Exceptions & Pitfalls

• Do not handwrite changes on your old will; they will not amend the will properly. Use a codicil or a new will.
• Avoid using beneficiaries as witnesses; use disinterested adults to reduce risk of later challenges.
• Multiple codicils can conflict or confuse; if you have several changes, replace the will instead of stacking codicils.
• Protect against future contests: meet privately with your lawyer; if capacity could be questioned, consider contemporaneous medical documentation.
• Guard the original: if it cannot be found at death, courts may presume revocation. Keep it secure or consider depositing it with the Clerk.

Talk to a Estate Planning Attorney

If you’re dealing with an existing will and want to update it with clear, legally valid changes, 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.