North Carolina Will and Trust Laws: Witnesses, Holographic Wills (2026)

Under North Carolina law, any person of sound mind who is 18 or older may make a will (G.S. 31-1), and an ordinary attested will must be signed by the testator and attested by at least two competent witnesses who sign in the testator's presence (G.S. 31-3.3). No notary is needed for the will to be valid; a notary comes in only for the optional self-proving affidavit. Living trusts are governed by the North Carolina Uniform Trust Code, Chapter 36C of the General Statutes.

North Carolina also recognizes two other kinds of wills: a holographic will written entirely in the testator's own handwriting, which needs no witnesses, and a narrow oral (nuncupative) will for personal property. For how other states compare, see wills and trusts laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Carolina statutes on making, signing, proving, changing and revoking wills (G.S. Chapter 31 and the probate-proof sections of Chapter 28A, Article 2A), the spouse's elective share (Chapter 30, Article 1A), and revocable living trusts (the North Carolina Uniform Trust Code, Chapter 36C). It does not cover what happens when someone dies without a will or how estate administration works (see North Carolina probate), small-estate procedures (see the North Carolina small estate affidavit page), powers of attorney (see North Carolina power of attorney laws), how divorce affects life insurance or retirement beneficiary designations, or taxes. A living will is a health-care directive, not a will; see the North Carolina advance directive tool.

What makes a will valid in North Carolina?

Start with the gatekeeper rule in G.S. 31-3.1: "No will is valid unless it complies with the requirements of this Chapter." Section 31-3.2 then lists what can pass property. Real and personal property may be devised by an attested written will that complies with 31-3.3, a holographic will that complies with 31-3.4, or a certified paper copy of an attested written will created under 31-73. A nuncupative (oral) will can pass personal property only.

Age and capacity. Section 31-1 states: "Any person of sound mind, and 18 years of age or over, may make a will."

The attested written will. Section 31-3.3 sets four rules:

"(a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section. (b) The testator must, with intent to sign the will, do so by actually signing the will or by having someone else in the testator's presence and at the testator's direction sign the testator's name thereon. (c) The testator must signify to the attesting witnesses that the instrument is the testator's instrument by signing it in their presence or by acknowledging to them the testator's signature previously affixed thereto, either of which may be done before the attesting witnesses separately. (d) The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other." (G.S. 31-3.3)

Two points set North Carolina apart from states that require a single signing ceremony. The testator can sign first and later acknowledge the signature to each witness, and the witnesses can do this one at a time. What the statute does insist on is that each witness signs in the testator's presence.

Who can be a witness. Under G.S. 31-8.1, "Any person competent to be a witness generally in this State may act as a witness to a will." Chapter 31 sets no separate minimum age for a witness.

Interested witnesses. A beneficiary can witness the will without making it invalid, but may lose the gift. Under G.S. 31-10(a), a witness to an attested or nuncupative will who, or whose spouse, receives a beneficial interest or power of appointment under it "is nevertheless a competent witness to the will." However, "if there are not at least two other witnesses to the will who are disinterested, the interested witness and the interested witness's spouse and anyone claiming under the interested witness shall take nothing under the will, and so far only as their interests are concerned the will is void."

No harmless-error rule. Section 31-3.1 makes compliance with Chapter 31 the test of validity, and Chapter 31 contains no provision letting a court excuse a defect in execution on clear and convincing evidence of the testator's intent. A document that is neither a properly attested will, a qualifying holographic will, nor a qualifying nuncupative will is not a valid will under that section.

Wills signed in another state

North Carolina accepts wills made elsewhere on several grounds. Under G.S. 31-46, a will is valid if it meets North Carolina law in effect "either at the time of its execution or at the time of the death of the testator," or if "(1) The will's execution complied with the law of the jurisdiction in which the testator was physically present at the time of execution. (2) Its execution complied with the law of the place where the testator was domiciled at the time of execution or at the time of death. (3) It is a military testamentary instrument executed in accordance with the provisions of 10 U.S.C. § 1044d or any successor or replacement statute."

Does a North Carolina will need to be notarized? The self-proving affidavit

A notary is not part of the 31-3.3 signing rule. Notarization matters for the self-proving procedure in G.S. 31-11.6, which comes in two forms:

• At signing. Under 31-11.6(a), "Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal."
• Later. Under 31-11.6(b), an attested written will "may at any time subsequent to its execution be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the attesting witnesses, each made before an officer authorized to administer oaths under the laws of this State, and evidenced by the officer's certificate, under official seal, attached or annexed to the will."

The forms themselves are printed in 31-11.6(a) and (b); this page does not reproduce them.

What self-proving does. At probate, G.S. 28A-2A-8(a) lets an attested will be proved "(1) Upon the testimony of at least two of the attesting witnesses," through fallback proofs when witnesses are unavailable, or "(4) Upon a showing that the will has been made self-proved in accordance with G.S.31-11.6." A self-proved will can therefore be admitted without calling the witnesses.

No remote notarization for wills. G.S. 10B-134.3(c) provides that an electronic notary "shall not perform any remote electronic notarial act" for "(1) A self-proved will executed pursuant to Article 4A of Chapter 31 of the General Statutes," "(2) A revocable or irrevocable trust or any other document amending the same except for a certification of trust or similar document," or "(4) A codicil to a will." Under 10B-134.3(d), those prohibitions do not apply when the remotely located principal meets the description in G.S. 10B-134.1(10)b: a member of the U.S. Armed Forces, or a member's spouse or dependent, who is outside the United States and physically on the military installation or vessel named in the military orders assigning the member to active duty for more than 120 days.

Safekeeping with the clerk. Under G.S. 31-11(a), the clerk of superior court in each county "is required to keep a receptacle or depository in which any testator who desires to do so may deposit that testator's original paper will for safekeeping," and "is only authorized to receive the will from the testator, or an agent or an attorney for the testator."

Producing and protecting a will after death. The clerk of superior court, on application by affidavit, must summon anyone in the State who has a decedent's will to produce it for probate (G.S. 28A-2A-4). Stealing a will, or destroying or concealing one for any fraudulent purpose, is a Class 1 misdemeanor under G.S. 14-77.

Are handwritten (holographic) wills valid in North Carolina?

Yes. Under G.S. 31-3.4(a), a holographic will must be:

"(1) Written entirely in the handwriting of the testator but when all the words appearing on a paper in the handwriting of the testator are sufficient to constitute a valid holographic will, the fact that other words or printed matter appear thereon not in the handwriting of the testator, and not affecting the meaning of the words in the handwriting, does not affect the validity of the will. (2) Subscribed by the testator, or with the testator's name written in or on the will in the testator's own handwriting." (G.S. 31-3.4(a))

Section 31-3.4(b) adds: "No attesting witness to a holographic will is required."

The repealed "valuable papers" condition. North Carolina once also required that a holographic will be found after death among the testator's valuable papers or in someone's safekeeping. That condition, formerly 31-3.4(a)(3), was "Repealed by Session Laws 2021-85, s. 1(b), effective July 8, 2021, and applicable to estates of decedents dying on or after that date." For an estate of someone who died before July 8, 2021, the earlier version applied.

Proving it at probate. Handwriting is the whole case for a holographic will. Under G.S. 28A-2A-9, a holographic will "may be probated only upon the testimony of at least three competent witnesses that they believe that the will is written entirely in the handwriting of the person whose will it purports to be, and that the name of the testator as written in or on, or subscribed to, the will is in the handwriting of the person whose will it purports to be." A partly typed document signed by hand does not meet 31-3.4 unless the handwritten words alone are enough to make a will.

Are oral (nuncupative) wills valid?

Only in a narrow situation, and only for personal property (G.S. 31-3.2(b)). Under G.S. 31-3.5, a nuncupative will is a will "(1) Made orally by a person who is in that person's last sickness or in imminent peril of death and who does not survive such sickness or imminent peril, and (2) Declared to be that person's will before two competent witnesses simultaneously present at the making thereof and specially requested by the person to bear witness thereto."

There is also a time limit. Under G.S. 28A-2A-10(a), "No nuncupative will may be probated later than six months from the time it was made unless it was reduced to writing within 10 days after it was made." Real property cannot pass by an oral will; section 31-3.2(a) lists only the attested, holographic and certified-copy routes for real property.

Electronic wills and remote witnessing

North Carolina has no electronic-will statute. Section 31-3.2 lists the kinds of valid wills, and none is a will signed electronically; section 31-3.3 requires the witnesses to sign "in the presence of the testator." A temporary video-witnessing law, described below, changes what counts as presence while it lasts. The state's Uniform Electronic Transactions Act does not fill the gap: under G.S. 66-313(b)(1), it "does not apply to a transaction to the extent it is governed by: (1) A law governing the creation and execution of wills, codicils, or testamentary trusts." And as noted above, a self-proved will or codicil cannot be remotely notarized, with the one exception in 10B-134.3(d).

Temporary video witnessing (G.S. 10B-200 and 10B-201). Article 3 of G.S. Chapter 10B applies to "the witnessing and signature of all records, as defined in G.S.10B-3(19), signed, by a principal physically located in the State of North Carolina" (10B-200(a)). A record under 10B-3(19) is information inscribed on a tangible medium, a traditional or paper record. Under G.S. 10B-201(a):

"Notwithstanding any general or special law to the contrary, any person who witnesses the signature of a record through video conference technology shall be considered an "in-person" witness, and the record shall be considered to have been signed by the principal signer "in the presence of" such witness, if the video conference technology allows for direct, real-time audio and video interaction between each principal signer and the witness." (G.S. 10B-201(a))

The Article sets the procedure:

• The witness must see the signing over that direct, real-time audio and video connection (10B-201(a), (b)(1)).
• The attesting witness "immediately thereafter signs such record while the video conference technology still allows for direct, real-time audio and video interaction between the principal signer and the attesting witness" (10B-201(b)(2)).
• The record must contain a conspicuous statement that it was witnessed by one or more witnesses physically located in North Carolina under the Article, the county where each remote witness was physically located, and the county where each signer was physically located (10B-201(c)).
• Unless a document expressly prohibits signing in counterparts, a record witnessed under the Article may be signed in counterparts, which together form a single original record (10B-201(d)).

Witnessing under Article 3 is not a notarial act (10B-200(c)). It is a rule about witnessing a paper record, not an electronic-will statute, and it does not lift the bar on remote electronic notarization of a self-proved will.

When it ends. Session Law 2026-52 (H.B. 517), approved July 7, 2026, extended the Article. As amended, 10B-200(b) provides that the Article "expires upon the earlier of (i) 12:01 A.M. July 1, 2027, or (ii) the date the Secretary issues the first license in accordance with G.S.10B-134.19." If the Secretary of State issues that first license before July 1, 2027, the Secretary must file the date to be published in the North Carolina Register as the expiration date, and the Article ends on that earlier date.

What changed on January 1, 2026: electronic storage by an attorney. Session Law 2025-33 (H.B. 388), Part VIII, added Article 11 to Chapter 31. It lets a lawyer keep an electronic copy of a signed paper will. It does not authorize electronic signing. Under G.S. 31-72(a):

"At any time during the life of the testator, an attorney licensed to practice law in North Carolina may, at the testator's direction, create an electronic record of the testator's attested written will." (G.S. 31-72(a))

The attorney's certification must state, among other things, "that the testator has been advised that the creation of an electronic record of the testator's attested written will eliminates the ability of the testator to revoke the attested written will by physical act." Under 31-72(b), if the paper will is lost or destroyed after being stored, "the loss or destruction shall not be deemed a revocation of the attested written will, nor shall it be deemed a presumption of revocation." The attorney can produce a certified paper copy under 31-73, which 31-3.2(a)(3) and 28A-2A-8 allow to be probated. Under section 13(b) of the session law, Part VIII "becomes effective January 1, 2026, and applies to attested written wills stored as electronic records on or after that date, regardless of the date of execution of the attested written will."

Changing or revoking a North Carolina will

How a will is revoked

Section 31-5.1 sets the only methods. A written will, or any part of it, may be revoked:

"(1) By a subsequent written will or codicil or other revocatory writing executed in the manner provided herein for the execution of written wills, or (2) By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the testator himself or by another person in the testator's presence and by the testator's direction, except as otherwise provided in Article 11 of this Chapter." (G.S. 31-5.1)

The Article 11 exception matters for a will an attorney has stored electronically: as described above, the testator is told that storage eliminates revocation by physical act. Section 31-5.7 closes the list: "No will can be revoked in whole or in part by any act of the testator or by a change in the testator's circumstances or condition except as provided by G.S. 31-5.1 through 31-5.6 inclusive."

An oral (nuncupative) will may be revoked by a later oral will, or by a later written will, codicil or other revocatory writing executed like a written will (G.S. 31-5.2). Apart from the remarriage rule in 31-5.4, a revoked will comes back only if it is re-executed or incorporated by reference into another executed will (G.S. 31-5.8).

Divorce and annulment

The will. Divorce does not revoke the whole will. Under G.S. 31-5.4(a):

"Unless a contrary intent is expressly indicated in the will, if the testator's marriage is dissolved by absolute divorce or annulment after the execution of a will, then the testator's former spouse shall be deemed to have predeceased the testator for all purposes related to the construction, interpretation, or administration of that will." (G.S. 31-5.4(a))

The rule applies only when the divorce or annulment comes after the will was signed, and an express contrary statement in the will overrides it. It reaches every provision of the will, including a power of appointment given to the former spouse and naming the former spouse as executor, trustee, conservator, guardian or other fiduciary, and "former spouse" includes a purported former spouse (31-5.4(a), (c)). It does not apply if the testator later signs a valid testamentary document that expressly refers to the will and modifies it, or if the testator remarries the former spouse before death, unless that remarriage is also dissolved by absolute divorce or annulment (31-5.4(b)). Session Law 2023-120 (s. 3.1) made this version of 31-5.4 effective March 1, 2024, for wills probated on or after that date.

A revocable trust. Chapter 36C has a parallel rule. Under G.S. 36C-6-606(a), "Unless a contrary intent is expressly indicated in the revocable trust, if the settlor's marriage is dissolved by absolute divorce or annulment after the execution of a revocable trust, then the settlor's former spouse shall be deemed to have predeceased the settlor for all purposes related to the construction, interpretation, or administration of that revocable trust." The same exceptions apply: a later valid amendment that modifies the trust, or remarriage to the former spouse before the settlor's death unless that remarriage is also dissolved (36C-6-606(b)).

Both sections speak to the will or the trust instrument. How divorce affects a life insurance or retirement-plan beneficiary designation is a separate question this page does not cover.

Marriage after the will

Under G.S. 31-5.3, "A will is not revoked by a subsequent marriage of the maker; and the surviving spouse may petition for an elective share when there is a will made prior to the marriage in the same manner, upon the same conditions, and to the same extent, as a surviving spouse may petition for an elective share when there is a will made subsequent to marriage."

Children born or adopted after the will

A later birth or adoption does not revoke the will, but G.S. 31-5.5(a) gives an after-born or after-adopted child (including an entitled after-born child born out of wedlock) the share the child would have taken if the testator had died intestate, unless one of five exceptions applies:

1. "The testator made some provision in the will for the child, whether adequate or not";
2. "It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child";
3. "The testator had children living when the will was executed, and none of the testator's children actually take under the will";
4. "The surviving spouse receives all of the estate under the will"; or
5. "The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not."

The intestate shares these rules point to are explained on the North Carolina probate page.

If a beneficiary dies first

North Carolina's anti-lapse rule is limited to relatives. Under G.S. 31-42(a), "Unless the will indicates a contrary intent, if a devisee predeceases the testator, whether before or after the execution of the will, and if the devisee is a grandparent of or a descendant of a grandparent of the testator, then the issue of the predeceased devisee shall take in place of the deceased devisee."

Limits on what a North Carolina will can do

Spouse's elective share. A testator cannot simply leave out a spouse. Under G.S. 30-3.1(a), the surviving spouse of a decedent domiciled in North Carolina may claim "(i) the applicable share of the Total Net Assets, as defined in G.S. 30-3.2(4), less (ii) the value of Net Property Passing to Surviving Spouse." The applicable share depends on the length of the marriage:

Under G.S. 30-3.4(b), the claim must be made within six months after letters testamentary or letters of administration are issued, by a petition, sworn as section 30-3.4(b) requires, filed with the clerk of superior court in the county where the primary administration lies, and the spouse's incapacity does not toll the six-month period. Under G.S. 30-3.6, the right may be waived "wholly or partially, before or after marriage, with or without consideration, by a written waiver signed by the surviving spouse," but a waiver is not enforceable if the spouse proves it was not executed voluntarily or that there was no fair and reasonable disclosure of the decedent's property and financial obligations (unless disclosure was waived in writing).

Omitted children. Covered above under 31-5.5.

No-contest clauses. Chapter 31 has no section on forfeiture (no-contest) clauses; the rule comes from case law. In Ryan v. Wachovia Bank & Trust Co., 235 N.C. 585 (1952), the North Carolina Supreme Court explained that "the weight of authority in this country supports the view that a no-contest or forfeiture clause in a will is subject to the exception that where the contest or other opposition of the beneficiary is made in good faith and with probable cause, such clause is not binding and a forfeiture will not result under such circumstances." The court then held: "In our opinion, these authorities give sound and logical reasons for the adoption of the probable cause rule." A challenge to a will in North Carolina is called a caveat; under G.S. 31-32(a), an interested party may enter one at the time of probate "or at any time within three years thereafter." A person under 18 or incompetent may file within three years after the disability ends, and a party properly served in a probate in solemn form under 28A-2A-7 cannot file a caveat (31-32(a), (c)).

Revocable living trusts in North Carolina

The trust code

Under G.S. 36C-1-101, "This Chapter may be cited as the North Carolina Uniform Trust Code." It was enacted by Session Law 2005-192. Section 36C-1-103(16) defines revocable to mean "revocable by the settlor without the consent of the trustee or a person holding an adverse interest."

Creating a trust

Section 36C-4-402(a) sets the elements: "A trust is created only if: (1) The settlor has capacity to create a trust; (2) The settlor indicates an intention to create the trust; (3) The trust has a definite beneficiary" (or is a charitable trust, a trust for the care of an animal, or a trust for a noncharitable purpose); "(4) The trustee has duties to perform; and (5) The same person is not the sole trustee and sole beneficiary."

North Carolina's code adds no witness or notary requirement for creating a revocable trust, and it does not even require a written instrument in every case. Under G.S. 36C-4-407, "Except as required by a State statute other than this Chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust, and its terms may be established only by clear and convincing evidence." The opening clause matters: another statute can require a writing for some property. And as noted above, a trust instrument or trust amendment cannot be remotely notarized under 10B-134.3(c)(2), except for a certification of trust or similar document and for the principal described in 10B-134.3(d).

Capacity

Under G.S. 36C-6-601, "The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Section 36C-6-602(a) provides: "Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust without regard to the actual capacity of the settlor. This subsection does not apply to a trust created under an instrument executed before the effective date of this Chapter." Chapter 36C took effect January 1, 2006 (Session Law 2005-192, s. 7(a)).

Section 36C-6-602(c) sets the methods:

"(c) The settlor may revoke or amend a revocable trust: (1) By substantial compliance with a method provided in the terms of the trust; or (2) If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: a. A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or b. By oral statement to the trustee if the trust was created orally; or c. Any other written method delivered to the trustee manifesting clear and convincing evidence of the settlor's intent." (G.S. 36C-6-602(c))

North Carolina allows a later will or codicil to revoke or amend a revocable trust, but only when the trust's own method is not exclusive and the will expressly refers to the trust or specifically devises the trust property.

Creditors

Under G.S. 36C-5-505(a)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After the settlor's death, property of a trust that was revocable at death is subject to the settlor's creditors' claims, costs of administering the settlor's estate, funeral expenses and statutory allowances to a surviving spouse and children, to the extent the probate estate is inadequate to satisfy them, unless barred by applicable law (36C-5-505(a)(3)).

Certification of trust

Under G.S. 36C-10-1013(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust." The certification "must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect" (36C-10-1013(c)). A person who relies on it "without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting" (36C-10-1013(f)).

Asking a court to declare the trust valid during life

North Carolina has an optional pre-death validation procedure, added by Session Law 2021-53. Under G.S. 36C-4C-2(a), "During the settlor's lifetime, any settlor of a revocable trust who is a resident of North Carolina may commence a judicial proceeding seeking a judicial declaration that the trust is valid." If the court declares the trust valid, under 36C-4C-5(a) the judgment binds the parties to the proceeding, and a party bound by it is "barred from filing, a challenge to the validity of the revocable trust once that trust becomes irrevocable."

After the settlor dies: the contest deadline

Under G.S. 36C-6-604(a), a person may contest the validity of a trust that was revocable at the settlor's death "within the earlier of the following: (1) Three years after the settlor's death. (2) 120 days after the trustee sent the person a copy of the trust instrument and written notice pursuant to G.S.1A-1, Rule 4 of the Rules of Civil Procedure, informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding."

For settlors dying on or after January 1, 2026, Session Law 2025-33 (s. 11.1, s. 11.2) bars the trustee from distributing trust property against the rights of a person who may be affected by a contest, if the trustee knows of a pending proceeding, or if a potential contestant has notified the trustee in writing and a proceeding is commenced within 60 days after the notice (36C-6-604(b)). Such a distribution is a breach of trust, though a court may authorize a distribution on good cause shown (36C-6-604(b1)).

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under G.S. 31-47(a), a will may validly devise property to "(1) The trustee of a trust established before the testator's death by the testator, by the testator and some other person, or by some other person," or "(2) The trustee of a trust to be established at the testator's death, if the trust is identified in the testator's will and its terms are set forth in a written instrument executed before or concurrently with the execution of the testator's will." The statute continues:

"The devise is not invalid because the trust is amendable or revocable, or because the trust instrument or any amendment thereto was not executed in the manner required for wills, or because the trust was amended after the execution of the testator's will or after the testator's death." (G.S. 31-47(a))

The limit is in 31-47(c): "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

North Carolina wills and trusts at a glance

Recent changes

• Session Law 2021-85. Repealed the "valuable papers or safekeeping" condition for holographic wills, effective July 8, 2021, for estates of decedents dying on or after that date (G.S. 31-3.4(a)(3)).
• Session Law 2023-120. Rewrote the divorce rules in 31-5.4 and 36C-6-606, effective March 1, 2024, for wills probated on or after that date.
• Session Law 2021-53. Added the Article 4C procedure that lets a living North Carolina settlor ask a court to declare a revocable trust valid (G.S. 36C-4C-2).
• Session Law 2025-33 (H.B. 388). Part VIII added Article 11 of Chapter 31, attorney electronic storage of attested written wills, effective January 1, 2026 for wills stored on or after that date. Section 11.1 rewrote 36C-6-604(b) to bar a trustee from distributing trust property against a pending or noticed contest, for settlors dying on or after January 1, 2026.
• Session Law 2026-52 (H.B. 517). Approved July 7, 2026, it extended the temporary video-witnessing Article (G.S. 10B-200, 10B-201) until the earlier of July 1, 2027 or the date the Secretary of State issues the first remote electronic notary license.

Making a will in practice

The site's free North Carolina will-maker tool can help draft a basic will. However the document is produced, signing must follow G.S. 31-3.3 (two competent witnesses who sign in the testator's presence, or the temporary video-witnessing rule in 10B-201 while it lasts), and a self-proving affidavit under 31-11.6 is made before an officer authorized to administer oaths, under official seal; remote electronic notarization is not available for a self-proved will except as 10B-134.3(d) provides. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in North Carolina. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• North Carolina probate
• North Carolina small estate affidavit
• North Carolina power of attorney laws

This article provides general legal information about North Carolina law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in North Carolina or the clerk of superior court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in North Carolina?

An attested written will needs at least two competent witnesses who sign in the testator's presence (G.S. 31-3.3). They do not have to sign in each other's presence. A holographic will written entirely in the testator's handwriting needs no attesting witness (31-3.4(b)).

Does a will have to be notarized in North Carolina?

No. Section 31-3.3 does not require a notary. A notary or other officer authorized to administer oaths is used for the optional self-proving affidavit under 31-11.6, which lets the will be probated without the witnesses' testimony (28A-2A-8(a)(4)).

Is a handwritten will valid in North Carolina?

Yes, if it is written entirely in the testator's handwriting and is subscribed by the testator or carries the testator's name in the testator's handwriting (G.S. 31-3.4). For decedents dying on or after July 8, 2021, the former rule that it be found among valuable papers or in safekeeping no longer applies. At probate, three competent witnesses must testify to the handwriting (28A-2A-9).

Are oral wills valid in North Carolina?

Only in a narrow case. A nuncupative will can pass personal property only (31-3.2(b)) and must be made orally by a person in last sickness or imminent peril of death who does not survive it, before two competent witnesses simultaneously present and specially asked to bear witness (31-3.5). It cannot be probated more than six months after it was made unless it was reduced to writing within 10 days (28A-2A-10(a)).

Can I sign a will electronically in North Carolina?

North Carolina has no electronic-will statute; the will rules in Chapter 31 describe attested, holographic and nuncupative wills, and the state's electronic-transactions act does not apply to will execution (G.S. 66-313(b)(1)). Since January 1, 2026, an attorney may store a signed, attested paper will as an electronic record under 31-72. Separately, a temporary law treats a witness who watches the signing over live audio and video as an in-person witness if its conditions are met (G.S. 10B-201). It ends July 1, 2027, or earlier if the first remote electronic notary license issues (10B-200(b)); see the electronic wills section for the procedure.

Does divorce revoke a will in North Carolina?

Divorce does not revoke the whole will. Under G.S. 31-5.4(a), if the marriage is dissolved by absolute divorce or annulment after the will is signed, the former spouse is deemed to have predeceased the testator for purposes of that will, unless the will expressly indicates a contrary intent. Exceptions to the rule, the date the current rule took effect, and a matching rule for a revocable trust (36C-6-606) are set out in the divorce section.

How do I revoke a will in North Carolina?

Under G.S. 31-5.1, by a later will, codicil or other revocatory writing executed like a will, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke, done by the testator or by another person in the testator's presence and at the testator's direction. Different rules apply to a will an attorney has stored electronically under Article 11 of Chapter 31.

Is a living trust revocable in North Carolina?

Yes by default. Under G.S. 36C-6-602(a), the settlor may revoke or amend a trust unless its terms expressly provide that it is irrevocable. That default does not apply to a trust created under an instrument executed before Chapter 36C took effect on January 1, 2006.

How long do you have to contest a revocable trust in North Carolina?

G.S. 36C-6-604(a) allows a contest of a trust that was revocable at the settlor's death within the earlier of three years after the settlor's death or 120 days after the trustee sent the person a copy of the trust instrument and written notice under Rule 4 of the Rules of Civil Procedure.

Can a spouse be left out of a will in North Carolina?

A surviving spouse of a decedent domiciled in North Carolina may claim an elective share of 15, 25, 33 or 50 percent of Total Net Assets, depending on the length of the marriage, less property already passing to the spouse (G.S. 30-3.1(a)). The claim must be made within six months after letters are issued (30-3.4(b)), and the right can be waived in a signed writing (30-3.6).