Short Answer

In North Carolina, you change who inherits under your will by signing either a new will or a codicil (an amendment) with the same formalities as a will: your signature plus two witnesses. Handwritten edits on your old will are risky and usually ineffective. The cleanest approach is to sign a new will that clearly revokes all prior wills and is made self-proved before a notary so probate is easier later.

Understanding the Problem

In North Carolina, can you update who inherits under your will now that your spouse has died? You have a will from about 20 years ago that leaves everything to your two children if your spouse died first, and you want to confirm it’s still valid and decide whether to amend or replace it. This page explains how to legally change your beneficiaries and what to expect.

Apply the Law

Under North Carolina law, you may change your estate plan any time before death. You can: (1) sign a codicil that amends parts of your existing will, or (2) sign a new will that replaces the old one. Either way, the document must be executed like a will—your signature witnessed by two competent witnesses. A notary is not required for validity, but using the statutory self-proving affidavit makes probate much simpler because the Clerk of Superior Court can accept the will without locating witnesses. A new will with a clear revocation clause is the safest way to override older documents.

Key Requirements

• Choose your method: Use a codicil for minor changes or a brand-new will for broader updates; a new will with a revocation clause avoids confusion.
• Follow will formalities: You must sign in the presence of two witnesses, who also sign in your presence; a notary is optional unless you self-prove.
• Self-proving affidavit (recommended): Add the statutory affidavit before a notary so the will can be probated without witness testimony.
• Don’t handwrite changes on the old will: Cross-outs or margin notes typically won’t make valid new gifts and can cause disputes.
• Coordinate non-probate assets: Update beneficiary designations (retirement accounts, life insurance) because they override will terms.
• Safekeep the original: Keep the signed original secure; losing it can trigger a presumption of revocation and complicate probate.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.3 (Attested written wills) – A will must be signed by the testator and attested by two competent witnesses.
• N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Sets out the self-proving affidavit so probate can proceed without witness testimony.
• N.C. Gen. Stat. § 31-5.1 (Revocation of written wills) – A later will or codicil executed like a will, or a qualifying physical act with intent, can revoke a prior will.
• N.C. Gen. Stat. § 31-42 (Anti-lapse) – Explains when a gift to someone who dies before you passes to that person’s issue instead of lapsing.

Analysis

Apply the Rule to the Facts: Your 20-year-old will remains valid until you revoke or replace it. Because your spouse has died and you want to change who inherits, the safest path is a new will with a clear revocation clause, executed with two witnesses, and made self-proved. If you make only small edits, a codicil signed with the same formalities also works. Separately, update beneficiary designations on non-probate assets so they match your new wishes.

Process & Timing

1. Who files: You do not file a will during life. Where: Sign at a law office or other private setting in North Carolina. What: New Will (with revocation clause) or Codicil; add the statutory self-proving affidavit. When: As soon as the drafts reflect your decisions; there is no waiting period.
2. Review and coordinate beneficiary designations (retirement plans, life insurance, payable-on-death accounts). Expect updates with financial institutions to take a few days to a few weeks.
3. Store the signed original securely (law firm vault or other safe location). You may also deposit your will for safekeeping with the Clerk of Superior Court; keep copies with your fiduciaries.

Exceptions & Pitfalls

• Handwritten edits: Writing on your old will rarely creates valid new gifts and may only revoke text, leading to disputes. Use a codicil or new will instead.
• Witness issues: Avoid using a beneficiary as a witness; use disinterested witnesses and follow the two-witness rule carefully.
• Capacity and undue influence: To reduce contest risk, meet privately with your attorney, ensure you understand your assets and heirs, and consider making the will self-proved.
• Non-probate assets: Your will does not change beneficiaries on IRAs, 401(k)s, life insurance, or pay-on-death accounts—update those forms directly.
• Multiple originals/copies: If you revoke by destruction, be consistent; keeping conflicting versions can fuel litigation.
• Death vs. divorce: Death of a spouse does not cancel your will; divorce may revoke gifts to a former spouse by statute. Revisit your plan after major life events.

Talk to a Estate Planning Attorney

If you’re dealing with updating who inherits under your will 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.