Short Answer

In North Carolina, each spouse must sign a separate will or codicil. To update, you can either execute new wills that revoke the old ones or sign codicils that amend specific parts. A valid will requires your signature and the signatures of two competent witnesses in your presence; a notary is not required for validity but is used to make the will “self-proved,” which speeds probate. Remote video witnessing and notarization used during the pandemic have expired, so plan for an in‑person signing.

Understanding the Problem

You and your spouse live in North Carolina and want to revise your wills together. You also want to know whether you can sign updated documents in person or remotely with a notary and witnesses. This article explains how North Carolina law lets married couples coordinate updates while ensuring each person’s will is properly executed.

Apply the Law

North Carolina recognizes two main ways to update: (1) execute a new will that revokes prior wills, or (2) sign a codicil that amends a prior will. Each spouse signs a separate document. A valid attested will requires the testator’s signature and signatures of two competent witnesses who sign in the testator’s presence. A notary is optional for validity, but if you add the statutory self‑proving affidavit, the Clerk of Superior Court can admit the will to probate without locating witnesses. Remote video witnessing/notarization used in 2020–2021 has expired; original, in‑person signatures are required.

Key Requirements

• Separate documents for each spouse: North Carolina treats each spouse’s will independently; avoid joint/mutual wills that can create unintended contracts not to change your plan later.
• Proper execution: You sign the will and two witnesses sign in your presence; witnesses need not see each other sign, but all signatures must be original.
• Self‑proving option: Add the notarized self‑proving affidavit at signing (or later with the same witnesses) to streamline probate and avoid witness testimony.
• Revocation mechanics: A new will that states it revokes prior wills, or physically destroying the old will with intent to revoke, are recognized methods.
• In‑person signing: Current law requires an in‑person ceremony; North Carolina does not recognize electronic wills, and prior emergency video measures have expired.
• Storage and safekeeping: Keep the original in a safe place or deposit it with the Clerk of Superior Court during life for safekeeping.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.3 (Execution of attested wills) – Signature by the testator and two witnesses in the testator’s presence.
• N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Optional affidavit before a notary that lets the Clerk admit the will without witness testimony.
• N.C. Gen. Stat. § 31-5.1 (Revocation of wills) – Revocation by subsequent will or by specific acts done with intent to revoke.
• N.C. Gen. Stat. § 31-11 (Deposit of will with clerk) – Optional safekeeping of an original will with the Clerk of Superior Court during life.

Analysis

Apply the Rule to the Facts: As a married North Carolina couple, you will each sign your own updated will. Decide whether to execute brand‑new wills with a revocation clause or narrow codicils if only small changes are needed. Plan an in‑person ceremony where each of you signs before two witnesses; add the self‑proving affidavit before a notary to simplify probate later. For fees, firms often use flat fees and may credit an initial deposit toward final documents; confirm specifics in a written engagement.

Process & Timing

1. Who files: No filing is required during life. Where: Execute at a law office or other suitable location in North Carolina. What: Draft new wills (or codicils) and include the statutory self‑proving affidavit language if desired. When: At your signing, both spouses sign their separate wills in front of two witnesses; complete the self‑proving notarization the same day or later with the same witnesses.
2. After signing, store originals securely. Optionally, deposit each will with the Clerk of Superior Court for safekeeping during life.
3. Upon death, the will is presented to the Clerk of Superior Court for probate; a self‑proved will is typically admitted without locating witnesses.

Exceptions & Pitfalls

• Avoid joint/mutual wills: Wills that read as a contract between spouses can restrict later changes. Use coordinated but separate wills unless you deliberately want a binding contract.
• Don’t hand‑edit: Crossing out or writing in changes rarely works and can cause probate problems. Use a codicil or a new will with proper formalities.
• Self‑proving later: If you add the self‑proving affidavit after the original signing, the same two witnesses must sign the affidavit before a notary.
• Remote signing: Video witnessing/notarization used during the COVID‑19 emergency has expired; original, in‑person signatures are required.
• Witness selection: Choose disinterested adult witnesses to avoid challenges; bring acceptable ID for the notary if you self‑prove.

Talk to a Estate Planning Attorney

If you’re dealing with coordinated spousal updates to your wills and want clear guidance on in‑person execution and self‑proving, 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.