Short Answer

Keep your medical treatment orders and DNR/MOST forms separate from your will. In North Carolina, a will takes effect at death, while DNR and MOST orders are medical directions that must be available during your lifetime and emergencies. You can include funeral/burial preferences in your will, and your estate can pay last expenses, but make sure your health care directives are accessible to doctors and EMS, not locked up with the will.

Understanding the Problem

You want to know whether to put medical orders (like a DNR or MOST) into your North Carolina will or keep them separate. You also want your will to state cremation or burial and to direct payment of funeral and recent medical bills from your estate. One key fact: you already have medical orders for scope of treatment and DNR documents on file.

Apply the Law

Under North Carolina law, a will governs what happens after death. Medical orders such as DNR and MOST apply while you are alive and are meant for immediate use by physicians, hospitals, and EMS. Directions about the disposition of remains (cremation or burial) can be given in a will, a valid health care power of attorney, a preneed authorization, or a signed two‑witness written statement. Your personal representative pays claims in a statutory order; funeral costs have limited priority, and most medical bills are paid as general claims unless secured.

Key Requirements

• Separate medical orders: DNR and MOST are medical orders for use during life; do not rely on your will to communicate them.
• Disposition of remains: You may state cremation/burial wishes in your will or in a separate signed, witnessed statement; a properly authorized health care agent may direct disposition.
• Executor vs. health care agent: A health care agent with authority over final arrangements can direct disposition; an executor’s role begins at death and is subject to that authority.
• Payment of last expenses: The personal representative must pay claims in statutory priority; funeral and burial costs have capped priority amounts; most medical bills are lower‑priority claims.
• Access and notice: Keep medical orders where providers and family can access them; the personal representative should provide proper creditor notice before paying general claims.

What the Statutes Say

• North Carolina Gen. Stat. § 130A-420 (Disposition of remains) – Lists who may direct disposition and recognizes directions in a will, health care POA, preneed contract, or separate witnessed writing.
• North Carolina Gen. Stat. § 28A-19-6 (Order of payment of claims) – Sets the priority for paying funeral, burial, taxes, and other claims.
• North Carolina Gen. Stat. § 28A-13-1 (Powers of personal representative) – Confirms an executor’s authority relates back to death to carry out beneficial acts, including honoring funeral instructions.

Analysis

Apply the Rule to the Facts: Because DNR and MOST orders control medical care while you are alive, putting them in your will would not help—providers need them before your will is read. You can include your cremation or burial choice in your will, and your personal representative can use estate funds to pay funeral and recent medical bills, but they must follow the statutory payment order. If you have a health care agent authorized to handle final arrangements, align your will with that choice to avoid conflict.

Process & Timing

1. Who files: No court filing is needed for DNR or MOST. Where: Keep originals with you and copies with your physician and hospital. What: DNR/MOST forms signed by your clinician; a Health Care Power of Attorney and, if desired, a separate two‑witness written statement for disposition of remains. When: Execute now and share copies immediately.
2. Include your cremation/burial preference in your will or prepare a separate signed statement with two adult witnesses. Tell your health care agent and executor where these documents are kept.
3. After death, the personal representative follows the statute’s claim priority to pay funeral and medical bills and administers the estate according to your will.

Exceptions & Pitfalls

• Do not store DNR/MOST only with your will; EMS and hospitals may never see them in time.
• Align your will’s burial/cremation clause with your health care power of attorney; a properly authorized health care agent may direct disposition.
• Funeral priority is capped; medical bills are usually lower priority. Your executor should follow the statutory order and provide creditor notice before paying general claims.

Talk to a Estate Planning Attorney

If you’re dealing with how to combine end-of-life medical documents with your will, 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.