North Carolina Last Will and Testament

North Carolina does not recognize holographic wills (wills entirely in the testator's handwriting without witnesses) for wills executed after December 1, 2012. All North Carolina wills must be typed or printed, signed by the testator, and witnessed by two competent adults.

In North Carolina, the will is filed with the Clerk of Superior Court in the county where the decedent lived. The executor is appointed and must publish a notice to creditors. Estates are typically administered through the clerk's office without court appearances for routine matters.

Under NCGS § 30-3.1, a surviving spouse can elect against the will and claim a portion of the decedent's net estate: 15% for marriages under 5 years; 25% for 5–10 years; 33% for 10–15 years; and 50% for marriages over 15 years. This election must be made within 6 months of the will being probated.

Yes. Under NCGS § 31-11.6, a will can be made self-proving by attaching a notarized affidavit signed by the testator and both witnesses at the time of signing. A self-proving will can be admitted to probate without the witnesses appearing in court, simplifying the process.