Short Answer

In North Carolina, the fastest reliable option is a simple typed will signed by you in front of two adult witnesses, ideally made “self‑proved” with a notary at the same signing. A handwritten will entirely in your handwriting and signed (a holographic will) can work in a pinch, but it is harder to probate later. Remote/video witnessing and notarization for wills are not currently authorized, so plan an in‑person signing.

Understanding the Problem

In North Carolina, can a married couple with pets and no children create a simple will fast before an overseas trip? You want something basic that names who gets your property, who carries out your wishes, and who will care for your pets. You also want to keep the process quick and affordable, with the option to upgrade to a trust after you return.

Apply the Law

North Carolina recognizes two practical options for a quick will: (1) an attested written will (typed or handwritten) signed by the testator in front of two competent witnesses, and (2) a holographic will, which must be entirely in the testator’s handwriting and signed. A notary is not required for a will to be valid, but using a notary at signing to add a self‑proving affidavit lets the Clerk of Superior Court admit the will to probate later without locating witnesses. Original, wet‑ink signatures are required for probate. The Clerk of Superior Court in the county of domicile is the forum for probate after death, and the named executor is expected to present the will promptly (generally within 60 days of death).

Key Requirements

• Two-witness attested will: You sign, or acknowledge your signature, and two competent witnesses sign in your presence.
• Self‑proving affidavit (optional but recommended): At the same signing, you and both witnesses swear before a notary using statutory affidavit language so witnesses won’t need to be found later.
• Holographic fallback: If time is too tight, a will entirely in your handwriting and signed can be valid without witnesses, but it is harder to prove later.
• Original signatures: Keep the original will safe; the Clerk needs wet‑ink signatures for probate.
• No current remote execution: COVID‑era video witnessing/notarization authorizations have expired, so plan an in‑person signing.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Requires the testator’s signature and two witnesses who sign in the testator’s presence.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Allows a will to be made self‑proved by affidavits before a notary at signing or later.
• North Carolina Gen. Stat. § 31-3.4 (Holographic wills) – Validates a will entirely in the testator’s handwriting and signed.
• North Carolina Gen. Stat. § 31-46 (Validity based on place of execution) – North Carolina honors wills valid where executed or where the testator was domiciled.

Analysis

Apply the Rule to the Facts: Because you’re leaving soon, the quickest reliable plan is an attested will: meet in person with two disinterested adult witnesses and a notary to add the self‑proving affidavit. Name each spouse as primary beneficiary and executor, add backups, and include a clause naming a pet caregiver with a small cash gift for care. If your schedule collapses, a handwritten, signed holographic will is a fallback, but expect more steps to prove it later.

Process & Timing

1. Who files: No court filing is needed to create a will. Where: Sign anywhere private and quiet in North Carolina; to self‑prove, appear before a North Carolina notary. What: Use the self‑proving affidavit language in § 31‑11.6 at signing. When: Before your departure date.
2. After death, the named executor presents the original will with wet‑ink signatures to the Clerk of Superior Court in the county of the decedent’s domicile and applies to open the estate (often using AOC‑E‑201, Application for Probate and Letters).
3. If the will is self‑proved, the Clerk can typically admit it without witness testimony; Letters Testamentary issue and the executor proceeds with administration.

Exceptions & Pitfalls

• Don’t rely on remote signing: Pandemic‑era video witnessing/notarization expired; in‑person signing is required.
• Use disinterested witnesses: If a witness is also a beneficiary under an attested will, that gift can be void unless other disinterested witnesses also sign.
• Protect the original: Probate requires the original with wet‑ink signatures; replacing a lost original is possible but burdensome.
• Holographic tradeoffs: A handwritten will can be valid without witnesses, but later probate usually requires testimony from people who recognize your handwriting.
• Signing away from home: If you must sign while out of state or abroad, follow the local execution law; North Carolina may honor it if it was valid where executed.

Talk to an Estate Planning Attorney

If you’re facing a tight travel deadline and need a simple North Carolina will that covers your spouse, pets, and backups, 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.