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N.C.G.S. Chapter 31 sets the rules; how you sign decides whether the will works. Build a North Carolina will to those rules and get exact signing instructions. Sliding-scale elective share guidance included.
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Must be in writing (typed or printed). North Carolina does NOT recognize holographic wills created within the state.
Requires 2 competent witnesses (18+) who must witness you sign or acknowledge your signature, and sign in your presence.
Must be 18 years or older and of sound mind. You must understand your assets and who your beneficiaries are.
Under N.C.G.S. § 31-11.6, a notarized self-proving affidavit allows the will to be admitted to probate without witness testimony.
Under N.C.G.S. § 30-3.1, the surviving spouse's elective share depends on the length of marriage:
"Total Net Assets" includes probate assets, non-probate transfers, revocable trusts, joint property, and life insurance. Must elect within 6 months of probate.
Under N.C.G.S. § 30-15, North Carolina provides a Year's Allowance:
Must be claimed within one year of death.
Holographic (handwritten, unwitnessed) wills made in North Carolina are invalid. However, holographic wills validly executed in another state that recognizes them may be probated in NC. All NC wills must be witnessed by 2 competent witnesses.
Under N.C.G.S. § 31-3.3, a valid North Carolina will must be: (1) in writing, (2) signed by the testator, and (3) attested by 2 or more competent witnesses who sign in the testator's presence. The testator must be 18 years or older and of sound mind.
No, holographic wills made IN North Carolina are invalid. However, holographic wills validly executed in another state that recognizes them may be probated in NC. All NC wills must be witnessed by 2 competent witnesses.
North Carolina uses a unique sliding scale based on marriage length: Less than 5 years: 15%, 5-10 years: 25%, 10-15 years: 33%, 15+ years: 50% of the "Total Net Assets" (which includes probate and non-probate assets). Must elect within 6 months of probate.
Under N.C.G.S. § 30-15, the surviving spouse is entitled to a $60,000 Year's Allowance. If there is no spouse, minor children under 18 share the $60,000. This is paid before other distributions and is exempt from creditor claims. Must be claimed within one year.
Yes, beneficiaries can witness a North Carolina will. The will remains valid. However, using a beneficiary as a witness creates a presumption of undue influence that may need to be overcome if the will is challenged. Disinterested witnesses are recommended.
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