How to Make a Valid Will in North Carolina
What North Carolina law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older and of sound mind may make a will. An attested (witnessed) will must be in writing and signed by the will-maker, or by another person at the will-maker's direction and in their presence. N.C. Gen. Stat. §§ 31-1, 31-3.3
| Requirements for a valid will | Anyone 18 or older and of sound mind may make a will. An attested (witnessed) will must be in writing and signed by the will-maker, or by another person at the will-maker's direction and in their presence. The will-maker must sign in front of, or acknowledge the signature to, at least two competent witnesses, who must sign in the will-maker's presence. The witnesses do not have to sign in each other's presence. Source: N.C. Gen. Stat. §§ 31-1, 31-3.3 |
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| Handwritten (holographic) wills | Yes. A handwritten will is valid without witnesses if it is entirely in the will-maker's handwriting and signed by them (or their handwritten name appears in or on it). Printed matter does not invalidate it if the handwritten words alone form a valid will. To be probated, at least three competent witnesses must testify that they believe the will and the name on it are in the will-maker's handwriting. Probate proof rule: https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_28A/Article_2A.html |
| Self-proving affidavit | Yes. A witnessed will can be made self-proved, either when it is signed or later, by the will-maker's acknowledgment and the witnesses' sworn affidavits before an officer authorized to administer oaths (such as a notary), with the officer's certificate under seal. The statute provides the affidavit wording. Source: N.C. Gen. Stat. § 31-11.6 |
More North Carolina estate law
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- Who Inherits If You Die Without a Will in North Carolina
- How Probate Works in North Carolina
- Living Wills and Advance Directives in North Carolina
- Revocable Living Trusts in North Carolina
- Executor Duties in North Carolina
- Letters Testamentary in North Carolina
- Affidavit of Heirship in North Carolina
- How to Avoid Probate in North Carolina
- Transferring a Car After Someone Dies in North Carolina
- All North Carolina wills, probate and estate rules
FAQ
What makes a will valid in North Carolina?
Anyone 18 or older and of sound mind may make a will. An attested (witnessed) will must be in writing and signed by the will-maker, or by another person at the will-maker's direction and in their presence. The will-maker must sign in front of, or acknowledge the signature to, at least two competent witnesses, who must sign in the will-maker's presence. The witnesses do not have to sign in each other's presence.
Is a handwritten will valid in North Carolina?
Yes. A handwritten will is valid without witnesses if it is entirely in the will-maker's handwriting and signed by them (or their handwritten name appears in or on it). Printed matter does not invalidate it if the handwritten words alone form a valid will. To be probated, at least three competent witnesses must testify that they believe the will and the name on it are in the will-maker's handwriting.
Does a will need to be notarized in North Carolina?
Yes. A witnessed will can be made self-proved, either when it is signed or later, by the will-maker's acknowledgment and the witnesses' sworn affidavits before an officer authorized to administer oaths (such as a notary), with the officer's certificate under seal. The statute provides the affidavit wording.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.