Short Answer

In North Carolina, you do not need a notary to make a will valid. To change beneficiaries, you can either sign a codicil (an amendment) or execute a new will; both must be signed by you in the presence of two witnesses. If you moved to North Carolina, your prior out-of-state will is generally honored here, but a short new North Carolina will is often the cleanest way to update beneficiaries, address new North Carolina property, and include a self-proving notarized affidavit that makes probate easier.

Understanding the Problem

In North Carolina, can you change who inherits and make your documents fit your new home without redoing everything? You created a will elsewhere, then moved to North Carolina and now own North Carolina property not covered in the old will. You also want to add two alternate beneficiaries without making the process unnecessarily complex.

Apply the Law

North Carolina recognizes two main paths to change a will: sign a codicil that amends specific terms or sign a new will that replaces the old one. A valid attested will or codicil requires your signature and two witnesses who sign in your presence. A notary is not required for validity, but a self-proving notarized affidavit lets the Clerk of Superior Court admit the will without locating witnesses at probate. North Carolina will generally honor an out-of-state will if it was executed according to the law of the place where it was signed or where you were domiciled when you signed or at death. Probate occurs with the Clerk of Superior Court in the North Carolina county where you are domiciled at death; there is no pre-death filing deadline to update your will.

Key Requirements

• Proper execution: You sign the will (or codicil) and two witnesses sign in your presence; this makes it legally valid.
• Notarization is optional: Not needed for validity, but the self-proving notarized affidavit avoids witness testimony at probate.
• Out-of-state wills honored: North Carolina accepts wills valid where executed or where you were domiciled, or if they meet North Carolina’s requirements.
• Codicil versus new will: A codicil can handle small edits; a new will is cleaner if you have multiple changes or moved states.
• After-acquired property: A solid residuary clause ensures new assets (like NC real estate) are covered.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested written wills) – Signature by testator and two witnesses in testator’s presence.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Optional notarized affidavits make a will self-proving for easier probate.
• North Carolina Gen. Stat. § 31-46 (Foreign execution of wills) – Out-of-state wills valid if executed per law of execution place or domicile.

Analysis

Apply the Rule to the Facts: You moved to North Carolina and own property here. Your old will is likely valid, but it may not include a residuary clause broad enough to capture the new NC property or the two alternates you want. Because you have several changes and a new state to consider, signing a short new North Carolina will—with a self-proving affidavit—is usually simpler and reduces the risk of confusion compared to stacking codicils.

Process & Timing

1. Who files: No one files your will now. Where: You execute the updated will in North Carolina (typically in your attorney’s office). What: A new North Carolina will or a codicil, executed with two witnesses; include the self-proving affidavit language from the statute. When: As soon as you’re ready; there’s no pre-death deadline.
2. Execution meeting: Review your prior original will (do not mark it up), finalize new beneficiary and alternate provisions, and sign before two witnesses; complete the self-proving notarized affidavits at the same sitting.
3. After you sign: Store the original safely. After death, your named executor will present the will to the Clerk of Superior Court in your county of domicile to open the estate.

Exceptions & Pitfalls

• Do not write on or staple/unstaple your old will; handwritten notes won’t change it and can spark disputes.
• Multiple codicils can conflict; a single new North Carolina will often avoids interpretation problems.
• Witnesses must sign in your presence; avoid using beneficiaries as witnesses.
• If relying on an out-of-state will, ensure it was properly executed (and ideally self-proved) under that state’s law to simplify probate here.
• Remember to update beneficiary designations on non-probate assets (like life insurance) to match your new plan.

Talk to an Estate Planning Attorney

If you’re dealing with updating beneficiaries after moving to North Carolina and want a simple, clean will that covers 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.