Short Answer

Under North Carolina law, you can amend an existing will with a codicil, but the codicil must be signed with the same formalities as a will. If your will is old or you want several changes—especially after a spouse’s death—creating a new, self-proving will that expressly revokes prior wills is usually cleaner and reduces risk. Handwritten edits on the original are not effective unless they meet strict codicil requirements.

Understanding the Problem

In North Carolina, can you update your will after your spouse’s death by amending it, or should you sign a new one? You are the testator (the person making the will). Your goal is to change your estate plan; the key decision is whether to use a codicil (amendment) or replace the document entirely. One salient fact: your current will is over 20 years old.

Apply the Law

North Carolina recognizes two practical paths to change a will: (1) sign a codicil that amends specific terms, or (2) execute a new will that revokes all prior wills. A codicil is legally part of the will once probated, but it must be executed with the same formalities as a will. A new will with a clear revocation clause replaces the old plan. The Clerk of Superior Court is the probate forum, and making a will “self-proving” can streamline probate later.

Key Requirements

• Proper execution: A codicil must be executed like a will—signed by you and attested by two competent witnesses; a notary is needed only to make it self-proving.
• Revocation options: You can revoke a prior written will by executing a new written will/codicil or by physically destroying the old will with intent to revoke.
• Self-proving affidavit: Adding the statutory self-proving acknowledgments at signing (or later) lets the will be probated without locating witnesses.
• No handwritten edits: Marginal notes or strike-throughs are not effective unless they themselves meet codicil formalities (for example, a valid holographic codicil).
• Scope of changes: Multiple or major updates usually favor a fresh will to avoid inconsistencies, reduce probate friction, and minimize litigation risk.
• Coordination: Align your will with beneficiary designations and other nonprobate transfers so the overall plan is consistent.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested written will) – requires the testator’s signature and two witnesses.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – allows wills to be self-proving with acknowledgments before an authorized officer.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of written will) – permits revocation by later executed writing or by physical act with intent.
• North Carolina Gen. Stat. § 31-46 (When wills valid) – recognizes wills validly executed under certain other jurisdictions’ laws.

Analysis

Apply the Rule to the Facts: Your 20-year-old will likely remains valid if it met execution rules when signed. Because your spouse has passed, your plan and beneficiary designations may now be out of date. You can use a codicil for limited, targeted tweaks; however, if you want broad updates, replacing the will with a new, self-proving will that revokes prior wills is usually the safest, most efficient approach.

Process & Timing

1. Who files: You (the testator). Where: Execute in North Carolina; no filing occurs until death. Optional safekeeping with the Clerk of Superior Court. What: Either (a) a new will with a revocation clause or (b) a codicil identifying the specific sections to change. Add the self-proving acknowledgments at signing for smoother probate. When: After a major life event (like a spouse’s death), update promptly while capacity is clear.
2. Have two disinterested adult witnesses attend the signing; add a notary to complete the self-proving affidavits. Keep the signed original in a secure place; consider depositing it for safekeeping with the Clerk of Superior Court if desired (local practices and small fees may vary by county).
3. Coordinate your will with beneficiary designations (life insurance, retirement accounts, payable-on-death/transfer-on-death), then communicate fiduciary appointments to your chosen executor. After death, your executor will offer the will for probate with the Clerk; a self-proving will typically speeds this step.

Exceptions & Pitfalls

• Do not mark up your old will by hand; those changes will not control unless executed as a valid codicil.
• A string of codicils can conflict with each other and create probate disputes; a fresh will often avoids confusion.
• Use two competent, disinterested witnesses; a notary alone does not replace witnesses (the notary is for self-proving).
• If you revoke by destroying the old will, make sure a new, properly executed will is in place to avoid uncertainty or partial intestacy.
• Meet privately with your attorney during planning and signing; keep beneficiaries out of the room to reduce undue influence claims. If health or memory is a concern, consider contemporaneous medical documentation.
• Align nonprobate assets (retirement accounts, life insurance, TOD/POD designations) with your updated plan to prevent mismatches.

Talk to a Estate Planning Attorney

If you’re dealing with whether to amend an old will or replace it after a spouse’s death, 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.