Short Answer

In North Carolina, you update your will by signing either a new will or a codicil that meets the same formalities as a will (your signature plus two witnesses). Don’t handwrite changes on the old document—those typically won’t be honored unless executed as a valid holographic codicil. To cover what happens if your siblings die first, name contingent beneficiaries, say how they inherit (for example, per stirpes), and keep a residuary clause. Name an eligible executor (an individual or authorized trust company; a law firm itself generally cannot serve).

Understanding the Problem

You want to know how, under North Carolina estate planning rules, you can revise an older will to add contingent beneficiaries in case your siblings don’t survive you. You are the testator; the action is updating your will to direct heirs if a primary beneficiary fails to survive. One key fact: you have an older North Carolina will that leaves property to your siblings as primary beneficiaries.

Apply the Law

North Carolina allows you to change your estate plan by executing a new will or a codicil. A codicil is simply an amendment to your existing will, but it must be executed with the same formalities as a will. Handwritten edits on the face of an old will are not effective unless they themselves meet the strict requirements for a valid will or holographic codicil. When a primary beneficiary dies before you, North Carolina’s anti-lapse law may pass that gift to the beneficiary’s issue if they are within a specified family class. Otherwise, the gift lapses and falls into your residue or, if none, by intestacy. You can avoid uncertainty by clearly naming contingent beneficiaries, choosing per stirpes (by family branch) or per capita (by headcount) distribution, and keeping a residuary clause to catch anything that doesn’t pass otherwise. A short survivorship period (for example, requiring a beneficiary to outlive you by 120 hours) also reduces simultaneous-death issues by aligning with North Carolina’s survivorship rule. For the executor, North Carolina requires an individual or an authorized corporate fiduciary; a law firm itself generally cannot qualify. The forum that handles probate and related questions is the Clerk of Superior Court in the county where probate occurs. Although there’s no filing deadline to change your will during life, execution formalities and clarity of beneficiary provisions are critical.

Key Requirements

• Choose codicil or new will: Either is fine; use a new will if you’re making multiple or structural changes.
• Observe execution formalities: Sign in the presence of two competent witnesses; consider a self-proving affidavit to streamline probate.
• Name clear contingents: List who takes if a sibling predeceases; specify per stirpes or per capita so shares are clear.
• Keep a residuary clause: Ensure any lapsed or leftover assets pass as you intend, not by intestacy.
• Address survivorship: Add a 120-hour survivorship requirement to reduce simultaneous-death complications.
• Pick an eligible executor: Name an individual (including a trusted person or attorney in an individual capacity) or a qualified trust company; a law firm itself generally cannot serve.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested wills) – Requires your signature and two witnesses for a written will/codicil.
• North Carolina Gen. Stat. § 31-42 (Anti-lapse statute) – May save gifts to certain relatives who predecease by substituting their issue.
• North Carolina Gen. Stat. § 28A-24-2 (120-hour survivorship) – Deems a person who fails to survive by 120 hours as having predeceased.
• North Carolina Gen. Stat. § 28A-4-2 (Who may serve as personal representative) – Disqualifies entities not authorized to act as fiduciary; typically requires an individual or authorized trust institution.

Analysis

Apply the Rule to the Facts: Because your older will names siblings as primaries, add contingent beneficiaries now. Use a codicil if changes are limited, or a new will if you’re also revising executor and charitable provisions. State whether contingents take per stirpes (so nieces/nephews take a deceased sibling’s share) and include a residuary clause. Name an eligible executor—an individual you trust or a North Carolina trust company—since a law firm itself generally cannot qualify.

Process & Timing

1. Who files: You (the testator). Where: Execute in North Carolina; originals are kept, not filed, until death. What: Sign a new will or codicil before two witnesses; add a notarized self-proving affidavit under state law to ease probate. When: As soon as you decide on contingents; there’s no statutory filing deadline during life.
2. Have beneficiary language reviewed for clarity (per stirpes/per capita, survivorship, charity backup). Execution meetings typically occur once the draft is ready; timelines vary by scheduling.
3. Store the original safely, tell your nominated executor where it is, and consider depositing it for safekeeping with the Clerk of Superior Court if desired. Update non-probate beneficiary designations to align with the new plan.

Exceptions & Pitfalls

• Handwritten strikeouts or notes on an old will are usually ineffective; use a properly executed codicil or new will.
• Anti-lapse doesn’t cover charities or non-relatives; if you want a charity as a backup, say so explicitly.
• Ambiguity (no per stirpes/per capita) invites disputes; define how shares pass if a sibling dies first.
• Omitting a residuary clause can force unintended intestacy for lapsed gifts.
• Naming a law firm as executor is problematic; choose an individual or a qualified trust company instead.
• Witnesses and notary details matter for probate; add a self-proving affidavit to avoid later witness-location issues.

Talk to a Estate Planning Attorney

If you’re dealing with updating an older will to add contingent beneficiaries and clarify who takes if a sibling dies first, 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.