North Carolina Last Will and Testament
A North Carolina will needs 2 witnesses. Make a free will template with an optional notarized self-proving affidavit. Attorney review available.
Introduction
A last will and testament is a legal document that states who receives your property and names the executor, called a personal representative in North Carolina, who will administer your estate after you die. It can also name a guardian for minor children. In North Carolina, an attested written will must be signed by the testator (the person making the will) and attested by at least two competent witnesses under N.C. Gen. Stat. Section 31-3.3. The witnesses must sign in the testator's presence, though they need not sign in each other's presence. North Carolina also lets you attach a self-proving affidavit under Section 31-11.6, a sworn statement signed before a notary public that lets the will be probated without the witnesses testifying in court later; the affidavit is the only part of the process that involves a notary, since the will itself needs witnesses, not a notary. North Carolina recognizes a holographic will, meaning a will written entirely in the testator's own handwriting and subscribed by the testator, with no attesting witness required under Section 31-3.4. To make a will in North Carolina you must be at least 18 years old and of sound mind under Section 31-1. A beneficiary who also serves as a witness remains a competent witness, but under Section 31-10, if there are not at least two other disinterested witnesses, that interested witness (and their spouse) takes nothing under the will. Attorney review is available as an option before you sign.
Key Things to Know
- 1
A last will and testament is a legal document that states who receives your property and who administers your estate (your personal representative) after you die. It can also name a guardian for your minor children.
- 2
North Carolina requires two witnesses. An attested written will must be signed by the testator and witnessed by at least two competent witnesses under N.C. Gen. Stat. Section 31-3.3. Naming a beneficiary as a witness is legal, but if fewer than two other disinterested witnesses also sign, that interested witness and their spouse take nothing under the will (Section 31-10).
- 3
A self-proving affidavit is available and needs a notary. North Carolina lets you attach a sworn affidavit, signed by the testator and witnesses before an officer authorized to administer oaths (a notary public), under Section 31-11.6. This lets the will be admitted to probate without locating the witnesses later; it is the only step in the process that requires a notary.
- 4
A handwritten (holographic) will is valid here. Under Section 31-3.4, a will written entirely in the testator's own handwriting and subscribed by the testator is valid with no attesting witness required.
- 5
The will itself needs witnesses, not a notary. North Carolina does not require the will to be notarized to be valid; two competent witnesses satisfy the execution requirement under Section 31-3.3. A notary is used only if you choose to add the optional self-proving affidavit.
- 6
You must be 18 and of sound mind. Any person of sound mind who is 18 years of age or older may make a will in North Carolina under Section 31-1.
- 7
You can revoke a will by a later will or by physical act. North Carolina lets you revoke a will with a subsequent written will, codicil, or other revocatory writing executed the same way as a will, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke (Section 31-5.1). Divorce or annulment after the will is signed also revokes provisions for the former spouse unless the will says otherwise (Section 31-5.4).
Key decisions before you file
Before you file a Last Will and Testament in North Carolina, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.
Open the Last Will and Testament guideCustomize your Last Will and Testament Template with DocDraft
Once your Last Will and Testament is ready, you can check whether it needs to be notarized in North Carolina in about a minute, and notarize it online through DocDraft if it does.
North Carolina Requirements for Last Will and Testament
An attested written will in North Carolina must be signed by the testator and attested by at least two competent witnesses under N.C. Gen. Stat. Section 31-3.3. The witnesses must sign in the testator's presence, though they need not sign in each other's presence.
A beneficiary can legally witness a North Carolina will, but under N.C. Gen. Stat. Section 31-10, if there are not at least two other disinterested witnesses, the interested witness (and that witness's spouse) takes nothing under the will. Choosing disinterested witnesses avoids this risk entirely.
North Carolina lets you attach a self-proving affidavit under N.C. Gen. Stat. Section 31-11.6, sworn by the testator and witnesses before a notary public, so the will can be admitted to probate without locating the witnesses later. This is optional and is the only step that requires a notary.
North Carolina does not require the will itself to be notarized. Two competent witnesses satisfy the execution requirement under Section 31-3.3. A notary is needed only if you add the optional self-proving affidavit under Section 31-11.6.
North Carolina recognizes a holographic will, written entirely in the testator's own handwriting and subscribed by the testator, with no attesting witness required, under N.C. Gen. Stat. Section 31-3.4.
You must be at least 18 years of age and of sound mind to make a will in North Carolina, under N.C. Gen. Stat. Section 31-1. The statutory self-proving affidavit form describes this capacity as being of sound and disposing mind and memory, and under no constraint or undue influence.
North Carolina lets you revoke a will only by a later written will, codicil, or other revocatory writing executed the same way as a will, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, under N.C. Gen. Stat. Section 31-5.1. A subsequent divorce or annulment also revokes provisions for a former spouse unless the will states otherwise (Section 31-5.4).
Name a personal representative (North Carolina's term for executor) to administer your estate, and consider a successor in case the first choice is unable or unwilling to serve. A seal is not required for the will to be valid, under N.C. Gen. Stat. Section 31-3.6.
Does your Last Will and Testament need to be notarized in North Carolina?
Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Last Will and TestamentFrequently Asked Questions
North Carolina requires two competent witnesses for an attested written will, under N.C. Gen. Stat. Section 31-3.3. The witnesses sign in the testator's presence, though not necessarily in each other's presence. A beneficiary can be a witness, but under Section 31-10, if fewer than two other disinterested witnesses also sign, the interested witness and their spouse take nothing under the will, so choosing disinterested witnesses is the safer path.
No, the will itself does not need to be notarized. North Carolina requires the testator's signature and two competent witnesses under Section 31-3.3, not a notary. A notary is used only if you add the optional self-proving affidavit under Section 31-11.6, a sworn statement that lets the will be probated without tracking down the witnesses later.
Yes. Under Section 31-3.4, a holographic will is valid if it is written entirely in the testator's own handwriting and subscribed by the testator, or has the testator's name written in the testator's own handwriting. No attesting witness is required for a holographic will, unlike the two-witness rule for an attested written will.
Sign a written will in the presence of at least two competent witnesses, who then sign in your presence, satisfying Section 31-3.3. You must be at least 18 and of sound mind under Section 31-1. Name your personal representative and, if you have minor children, a guardian. Consider adding the optional self-proving affidavit before a notary under Section 31-11.6 to simplify probate later.
A valid attested written will requires a testator who is at least 18 and of sound mind (Section 31-1), a written instrument signed by the testator, and attestation by at least two competent witnesses who sign in the testator's presence (Section 31-3.3). A properly executed holographic will, entirely in the testator's handwriting, is also valid under Section 31-3.4 with no witnesses required.
A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary public, attached to the will under Section 31-11.6. It lets a North Carolina court admit the will to probate on the strength of the affidavit alone, without requiring the witnesses to appear and testify. It is optional and is the only part of the will process that involves a notary.
You must be at least 18 years old and of sound mind to make a will in North Carolina, under N.C. Gen. Stat. Section 31-1. The statutory self-proving affidavit form also describes the required capacity as being of sound and disposing mind and memory, and under no constraint or undue influence, at the time of signing.
You can revoke a North Carolina will by executing a later written will, codicil, or other revocatory writing in the same manner required for a valid will, or by physically burning, tearing, canceling, obliterating, or destroying it with the intent to revoke, done by you or by someone else in your presence and at your direction (Section 31-5.1). A later divorce or annulment also revokes provisions for a former spouse unless the will expressly says otherwise (Section 31-5.4).