Short Answer

In North Carolina, you typically update your will (often by signing a new one), refresh your financial power of attorney, health care power of attorney, and advance directive, and review all beneficiary designations. Your twenty-year-old will likely remains valid, but handwritten edits are not. A new, self-proved will signed with two witnesses and notarized affidavits makes later probate easier. If you might disclaim assets from your spouse’s estate, act quickly—those decisions have strict deadlines.

Understanding the Problem

You’re in North Carolina, you just lost a spouse, and you want to know what documents you should update now. You have an older will that sends assets to your two children when a spouse dies, and you’re unsure if you can amend it or need a new will. You also want to understand the review process and typical cost drivers.

Apply the Law

North Carolina law allows you to change your plan at any time while you have capacity. A will can be replaced by a new will or changed by a codicil, but both must meet the same signing formalities. A will is properly executed when the testator signs and two competent witnesses attest the signature; adding a self-proving affidavit before a notary lets the Clerk of Superior Court accept the will later without locating witnesses. Handwritten changes on the original document generally do not work and can create disputes. If you are considering a disclaimer of assets from your spouse’s estate, those are time-sensitive and require careful coordination.

Key Requirements

• Capacity and age: You must be 18 or older and of sound mind to execute a will or codicil.
• Execution formalities: Sign your will, and have two competent witnesses sign in your presence; to simplify probate, add a self-proving affidavit before a notary.
• Revocation/updates: A new will typically revokes prior wills; a codicil must follow the same formalities as a will. Avoid handwritten edits on the original.
• Powers of attorney and health care documents: Execute new financial and health care powers if your spouse was your agent; healthcare forms and HIPAA releases should be refreshed.
• Beneficiary designations: Review and update life insurance, retirement accounts, and payable-on-death transfers to align with your new plan.
• Safekeeping: Store the original will securely; you may deposit it with the Clerk of Superior Court for safekeeping.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested written will) – sets out signing and witness requirements.
• North Carolina Gen. Stat. § 31-11.6 (Self-proved wills) – allows a will to be self-proved so witnesses are not required later.
• North Carolina Gen. Stat. § 31-5.1 (Revocation of wills) – explains how a will is revoked.
• North Carolina Gen. Stat. § 31-11 (Deposit of will for safekeeping) – permits depositing your original will with the Clerk.

Analysis

Apply the Rule to the Facts: Your twenty-year-old will likely remains valid if not revoked, but any changes should be done by a new will or a codicil with two witnesses and a self-proving affidavit. Because your spouse has died and your will leaves assets to your children at that point, confirm that remains your intent and that your chosen executor is still appropriate. Given the age of the document, signing a new, self-proved will generally reduces confusion and eases probate.

Process & Timing

1. Who files: You, the testator. Where: Typically at your attorney’s office; optional deposit of the original will with the Clerk of Superior Court. What: Draft and execute a new will (and, if needed, a revocable trust), a financial power of attorney, a health care power of attorney, an advance directive, and HIPAA releases. When: As soon as practical after your spouse’s death; if considering a disclaimer of inherited assets, consult immediately due to strict deadlines.
2. Execution: Meet privately with counsel; verify your wishes and fiduciary choices; sign the will with two witnesses and complete the self-proving affidavit before a notary. Update beneficiary designations directly with each financial institution.
3. Safekeeping: Store the original will securely or deposit it with the Clerk for safekeeping; keep copies and a summary letter with your records, and inform your executor where the original is held.

Exceptions & Pitfalls

• Do not handwrite changes on your will or remove staples—this can cause probate challenges and require court interpretation.
• Using a codicil can work but may create confusion; a clean new will often reduces risk.
• Choose disinterested witnesses and sign in one session; poor execution formalities are a common basis for contests.
• Meet privately with your attorney to avoid undue influence concerns; document your reasons for major changes.
• Update all beneficiary designations; your will does not override them.

Talk to a Estate Planning Attorney

If you’re dealing with updating your will and other documents 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.