How do I make a valid will in North Carolina?

North Carolina wills are governed by N.C. Gen. Stat. Chapter 31.

1. Testator Requirements

Age: 18 or older (N.C.G.S. § 31-1).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (N.C.G.S. § 31-3.3)

Will in writing.

Signed by the testator (or by another at the testator's direction in the testator's presence).

Signified to 2 attesting witnesses that the document is the testator's will, and the witnesses must sign in the presence of the testator.

3. Notarization

Not required for validity. A self-proving affidavit (N.C.G.S. § 31-11.6) before a notary makes the will self-proved at probate.

4. Holographic Wills (N.C.G.S. § 31-3.4)

Valid if:

Entirely in the testator's handwriting.

Subscribed by the testator (or with name written on the document by the testator with intent that it serve as a signature).

Found after the testator's death among the testator's valuable papers or in a safe-deposit box or in the custody of a person or institution for safekeeping.

No witnesses required, but 3 witnesses must testify at probate to the testator's handwriting (N.C.G.S. § 31-18.2).

5. Nuncupative (Oral) Wills (N.C.G.S. § 31-3.5)

Valid only for personal property of someone in their last sickness or in fear of death, declared in the presence of 2 competent witnesses who were specifically requested to bear witness.

6. Interested Witnesses

A beneficiary-witness's gift is void unless there are 2 other disinterested witnesses (N.C.G.S. § 31-10).

7. Intestacy (No Will)

N.C.G.S. §§ 29-13 to 29-15. Spouse + 1 child: spouse takes first $60,000 personal + 1/2 real; spouse + 2+ children: spouse takes first $60,000 personal + 1/3 real; spouse + parents (no children): spouse takes first $100,000 personal + 1/2 real.

8. Small Estate Threshold

Estates with personal property under $20,000 ($30,000 if spouse is sole heir) qualify for collection by affidavit under N.C.G.S. § 28A-25-1.

This is legal information, not legal advice.