North Carolina Last Will and Testament
Each state has different laws and regulations regarding testament, and the Tarheel State is no exception. Creating your North Carolina testament may seem intimidating, but it is one of the most crucial things you can do for yourself and your family in your lifetime.
Read on for more information on laws surrounding the last will in North Carolina, how to create yours, and frequently asked questions to give you peace of mind before you start the process.
North Carolina Last Will and Testament Template
State Laws Regarding Will & Testament
Thankfully, the statutes in North Carolina for wills are relatively simple. The most complex laws are the kinds of testament you can create.
North Carolina requires will-writers to be over 18. Other than that, there are no restrictions on who can create a will.
There are two will types listed in North Carolina state law – attested and holographic. An attested will requires the following, according to § 31-3.3:
- The document needs signatures from the testator and two eyewitnesses.
- The testator must make it clear to witnesses that they sign the record with a personal instrument.
- Witnesses must sign the document with the testator but do not need to be in the presence of one another.
You have to have two witnesses if you choose an attested will, and if you have someone sign the document for you, you have to be present and tell them directly to sign it.
Holographic will requirements are pretty different. North Carolina does not require witnesses for holographic wills. Holographic testaments regularly appear among documents after the testator dies.
How to Write a Will
Regardless of the type of will you choose, you have to construct it yourself.
The process is simple despite the daunting nature of the document and goes as follows:
- Collect your personal information.
This information includes social security, the county you reside in, and expenses and taxes associated with your place of residence.
- Find your executor.
Lawyers strongly suggest having two executors in the instance of illness or absence. You have to show documentation of the appointment.
- List your beneficiaries and their information – address, social security numbers, and what you plan to will them.
- Collect signatures from witnesses.
If you have complex finances, you may have a trickier process – but these are the main components of a last will and testament form in North Carolina.
Below are some common questions regarding free last will and testament in North Carolina.