Short Answer

In North Carolina, you update a will by signing either a codicil (an amendment) or a new will that expressly revokes all prior wills. Either way, you must sign in front of two competent witnesses, and they must sign in your presence. A notary is not required for validity, but adding the statutory self‑proving affidavit makes probate easier. If your current will is on file for safekeeping with the Clerk of Superior Court, you can withdraw and replace it.

Understanding the Problem

You want to change an existing North Carolina will that is already on file, while planning simple individual or possibly joint wills with your spouse. The question is: how do you legally update that will so the new instructions control? Here, you are the testator (will‑maker) and the action is to amend or replace the will during life, before probate by the Clerk of Superior Court.

Apply the Law

Under North Carolina law, a will is ambulatory—it has no effect until death and can be changed during life. You may update it with a codicil or by executing a new will that revokes prior wills. An attested will or codicil must be signed by you and witnessed by two competent witnesses who sign in your presence. Adding a self‑proving affidavit (acknowledgments before a notary) is optional but streamlines probate. The Clerk’s office is involved later at probate; during life, you may also deposit a will for safekeeping or withdraw a prior one on deposit.

Key Requirements

• Choose the method: Minor updates can be made by codicil; broader changes are best handled by a new will with an express revocation clause.
• Execution formalities: You sign; two competent witnesses sign in your presence; keep everyone together during signing to avoid challenges.
• Self‑proving affidavit (recommended): Not required for validity, but notarized acknowledgments using the statutory form make probate faster.
• Clear revocation: A new will should state it revokes all prior wills; avoid handwritten edits on the old will.
• Storage and safekeeping: Keep the original secure; if a prior will is on deposit with the Clerk, withdraw it and optionally deposit the new one.
• Joint vs. individual wills: Mirror (individual) wills preserve flexibility; a true joint/mutual will can restrict later changes if it functions as a contract.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – sets the signing and two‑witness requirements.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proving wills) – provides forms to make a will self‑proved with notarized acknowledgments.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of written wills) – allows revocation by a later properly executed writing or by physical act with intent to revoke.
• North Carolina Gen. Stat. § 31-5.8 (Revival of revoked wills) – a revoked will is not revived unless properly re‑executed or incorporated by reference.

Analysis

Apply the Rule to the Facts: Because your will is already “recorded,” it is likely deposited for safekeeping with the Clerk. The cleanest update is a new, self‑proved will that expressly revokes all prior wills, signed before two witnesses. If you and your spouse want “simple” plans, separate mirror wills usually keep future flexibility. After signing, withdraw the old will from safekeeping and deposit or securely store the new original. We can provide clear fee estimates for a consult retainer and follow‑up drafting before you commit.

Process & Timing

1. Who files: No court filing is required to update during life. Where: Execute at your attorney’s office in North Carolina. What: Sign a codicil or a new will; include the statutory self‑proving affidavit language from § 31‑11.6. When: As soon as you decide to change terms; updates are effective once properly executed.
2. If your prior will is on deposit for safekeeping, visit the Clerk of Superior Court to withdraw it and, if you wish, deposit the new original. County procedures can vary slightly; your attorney will coordinate.
3. Store the new original securely. Provide your fiduciaries with location details. Avoid writing on or attaching notes to the executed will.

Exceptions & Pitfalls

• Handwritten edits on a typed will are not valid changes unless they meet strict holographic codicil rules; mixing formats invites disputes.
• Notarization alone does not make a will valid—two witnesses are required for an attested will. Use the self‑proving affidavit to simplify probate.
• Destroying an old will is a revocation method, but a revoked will is not automatically revived by revoking a later will; re‑execute or restate if you intend to restore terms.
• Divorce or annulment generally revokes provisions favoring a former spouse by law; update promptly to avoid unintended results.
• Be cautious with true joint/mutual wills; they can operate like a contract and limit later changes. Mirror individual wills usually avoid this issue.
• If your prior will was executed under another state’s law, it may still be valid here, but execute updates under North Carolina formalities to avoid questions.

Talk to a Estate Planning Attorney

If you’re dealing with updating an existing North Carolina will and deciding between a codicil or a new 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.