Short Answer

In North Carolina, you update your will by signing either a new will or a codicil (amendment) with two witnesses present; handwritten edits on the old document are not valid. Notarization is not required for validity, but adding a self-proving affidavit before a notary makes future probate easier. Remote video witnessing for wills expired in 2021, so plan an in-person signing. You should also update your powers of attorney and HIPAA release to replace your late spouse.

Understanding the Problem

You want to change your North Carolina estate plan after your spouse’s death. The decision is whether to execute a new will or a codicil, and how to handle signing and related documents like financial and health care powers of attorney and a HIPAA release. You also want to know costs and whether you can sign remotely.

Apply the Law

North Carolina recognizes two main ways to revise: execute a new will that expressly revokes the prior one, or execute a codicil that amends specific provisions. An attested will must be signed by you in the presence of two competent witnesses, who then sign in your presence. Notarization is optional for validity but recommended to make the will “self-proved,” which streamlines probate. Original, wet-ink signatures are required for probate. The temporary pandemic rules that allowed video witnessing and video notarization ended on December 31, 2021, so plan to sign in person. You may deposit the original will with the Clerk of Superior Court for safekeeping, and you can optionally seek “living probate” to validate the will during your lifetime.

Key Requirements

• Proper execution: Sign a new will or codicil in front of two competent witnesses, who sign in your presence.
• Revocation language: If you make a new will, include a clause revoking all prior wills and codicils.
• Original signatures: Keep the original with wet-ink signatures; photocopies are not enough for probate.
• Self-proving affidavit: Add notarized acknowledgments to make probate easier; this is optional but helpful.
• No remote witnessing now: Video witnessing/notarization for wills ended 12/31/2021; plan an in-person signing.
• Coordination: Update beneficiaries, executors, trustees, and align nonprobate designations (retirement, life insurance).

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested wills) – Requires your signature and two witnesses signing in your presence.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – Allows notarized affidavits to make a will self-proved.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of wills) – Permits revocation by a later will/codicil or by physical act with intent to revoke.
• North Carolina Gen. Stat. § 31-11 (Deposit of will with clerk) – Allows depositing your original will with the Clerk of Superior Court for safekeeping.

Analysis

Apply the Rule to the Facts: Because your spouse has died, your current will likely names them in several roles (primary beneficiary, executor, agent under powers). The cleanest fix is a new will that revokes the prior one, updates beneficiaries, and names new fiduciaries; sign it with two witnesses in your presence and add a self-proving affidavit. Update your financial power of attorney, health care power of attorney, and HIPAA release to replace your spouse. Coordinate beneficiary forms so they match your new plan.

Process & Timing

1. Who files: You do not file anything to update; you execute new documents. Where: Typically at your attorney’s office in North Carolina; optional safekeeping deposit with the Clerk of Superior Court in your county. What: New will (with express revocation), or a codicil; updated financial and health care powers of attorney and HIPAA release; optional self-proving affidavit. When: As soon as your updates are drafted; in-person signing is required for wills since emergency video rules expired on December 31, 2021.
2. Hold an in-person signing: you sign; two witnesses observe and sign in your presence; then complete the self-proving affidavit before a notary to simplify future probate. County practices on notary availability and witnessing logistics can vary.
3. Store the original safely (consider deposit with the Clerk). Give copies to your fiduciaries. Update beneficiary designations on nonprobate assets to align with your plan and remove your late spouse where appropriate.

Exceptions & Pitfalls

• Do not handwrite changes on your old will; interlineations are typically ineffective and can trigger disputes.
• Avoid having a beneficiary serve as a witness; it risks complications and potential challenges.
• Keep staples and pages intact; removing staples can raise questions about tampering.
• Remote video witnessing for wills is no longer authorized; do not rely on pandemic-era procedures now.
• Updating your will does not change beneficiary designations on retirement accounts or insurance—update those forms separately.

Talk to a Estate Planning Attorney

If you’re dealing with revising your will and updating your powers of attorney after a spouse’s death, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.