Short Answer

North Carolina will generally honor a will signed in another state if it was executed under that state’s rules or the testator’s domicile rules. At death, North Carolina property can pass under that will once it is probated with the Clerk of Superior Court; if the will lacks a catch‑all (residuary) clause, any unaddressed assets may pass by intestacy. If the decedent dies domiciled outside North Carolina but owns North Carolina real estate, a certified copy of the foreign probate can be recorded here to pass title.

Understanding the Problem

In North Carolina, can you rely on a will you signed in another state to control what happens to your North Carolina property when that property is not mentioned in the old will? You’re the testator, you now live in North Carolina, and you want a simple will that leaves everything to your child with two alternates. You have your original notarized will ready to review and revise.

Apply the Law

North Carolina recognizes out‑of‑state wills if they meet certain execution rules, and the Clerk of Superior Court is the forum for probate. A will signed elsewhere may also be treated as self‑proved here if it met that other state’s self‑proving requirements. Real property in North Carolina follows North Carolina’s probate/recording rules, including special procedures if the decedent dies domiciled outside North Carolina. A will that lacks a residuary clause can leave after‑acquired or unmentioned assets to pass by intestacy.

Key Requirements

• Valid execution: The will is valid in North Carolina if it complied with the law where it was signed or where the testator was domiciled when signed or at death.
• Self‑proving status: If the will was made self‑proved under another state’s law, North Carolina generally accepts it as self‑proved (no witness testimony needed).
• Probate forum: File probate with the Clerk of Superior Court in the North Carolina county of domicile; if domiciled out of state, file the certified foreign probate in the North Carolina county where the property sits.
• Title to real estate: To pass title against third parties, follow North Carolina recording rules; certified copies may be needed in each county with land.
• Unmentioned assets: Assets not covered by specific gifts typically pass under a residuary clause; without one, they can pass by intestacy.

What the Statutes Say

• North Carolina Gen. Stat. § 31-46 (Validity of out‑of‑state wills) – A will is valid here if executed under the law of the place of execution or domicile (or certain military instruments).
• North Carolina Gen. Stat. § 31-11.6 (Self‑proving wills) – Recognizes self‑proved wills, including those self‑proved under another jurisdiction’s law.
• North Carolina Gen. Stat. § 28A-2A-17 (Probate of nonresident’s will) – Allows recording a certified copy of a will first probated elsewhere to pass North Carolina property.
• North Carolina Gen. Stat. § 31-39 (Protection for purchasers and lien creditors) – Sets a two‑year outside limit to protect third parties if a will is not timely probated/recorded.

Analysis

Apply the Rule to the Facts: Your out‑of‑state will is likely valid here if it met that state’s signing rules. North Carolina can treat it as self‑proved if the prior state did, which streamlines probate. Your new North Carolina property will pass under your will, but if your current will does not have a residuary clause, unaddressed assets could pass by intestacy. Naming your child as primary and adding two alternates in a new North Carolina will with a residuary clause keeps everything simple and avoids gaps.

Process & Timing

1. Who files: During life, you sign a new North Carolina will (or a codicil) to add a residuary clause and alternates. Where: Execute before a North Carolina notary with two witnesses; safekeep with your records or deposit with the Clerk if desired. What: Use a standard North Carolina self‑proving affidavit. When: As soon as practicable so that North Carolina property is clearly covered.
2. At death (NC domiciliary): The named executor files the original will with the Clerk of Superior Court in the county of domicile using AOC‑E‑201 (Application for Probate and Letters). If the will is from another state, include AOC‑E‑309 (Addendum for Out‑of‑State Will). If no personal representative is needed, use AOC‑E‑199 (Probate without Qualification). Executors should apply within 60 days; if not, another interested person may apply on 10‑days’ notice.
3. At death (nonresident owning NC land): File a certified copy of the foreign‑probated will and order with the Clerk in each North Carolina county where real property is located to pass title. The Clerk issues a certificate of probate for recording.

Exceptions & Pitfalls

• No residuary clause: Unmentioned or after‑acquired assets can pass by intestacy; add a residuary clause now.
• Original will required: North Carolina usually requires the original for probate; if only a copy exists, a lost‑will proceeding with higher proof is needed.
• Ancillary issues: If domiciled outside North Carolina at death, you’ll still need to record a certified copy here to pass North Carolina real estate.
• Witness problems: A non‑self‑proved will may require locating witnesses or proving handwriting; making the will self‑proved avoids this.
• Recording in other counties: If land lies in multiple North Carolina counties, record certified copies in each county to protect title.

Talk to a Estate Planning Attorney

If you’re dealing with an out‑of‑state will and new North Carolina property, 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.