How to Make a Will in North Carolina

If you're a resident of North Carolina and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what North Carolina laws require for making a valid will, and what the process looks like.

Steps to Create a Will in North Carolina

Here's a quick checklist for making a will in North Carolina:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In North Carolina, if you die without a will, your property will be distributed according to state "intestacy" laws. North Carolina's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in North Carolina?

Yes. You can make your own will in North Carolina, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in North Carolina

To make a will in North Carolina, you must be:

• an individual 18 years of age or older, and
• of sound mind.

(N.C. Gen. Stat. § 31-1 (2025).)

People are of sound mind if they understand:

• who will inherit from them (the "natural objects of their bounty")
• the kind, nature, and extent of their property
• how they desire their acts to take effect, and
• what effect their acts will have upon their estates.

(In re Will of Jarvis, 430 S.E.2d 922 (N.C. 1993).)

You must generally make your will on hard copy. That is, it must be on actual paper. It can't be an audio or video file. Type and print your will using a computer, or you can use a typewriter. However, beginning in 2026, North Carolina will allow digital copies of wills if they follow specific guidelines. (See "Can I Make a Digital or Electronic Will?," below.)

North Carolina allows nuncupative (oral) wills if a person is in their last sickness or in imminent peril of death and dies from that sickness or peril. The oral will must be spoken in front of two competent witnesses whom you specifically ask to be witnesses. This type of will can only dispose of your personal property. (N.C. Gen. Stat. §§ 31-3.2, 31-3.5 (2025).)

North Carolina does permit handwritten wills (called "holographic" wills), but they are usually not a good idea. A holographic will must be entirely in the will maker's handwriting and signed by the will maker. (N.C. Gen. Stat. § 31-3.4 (2025).)

How to Sign and Execute My North Carolina Will

To finalize your will in North Carolina:

• you must sign your will in front of two competent witnesses (or show two witnesses your will and confirm that the signature on the will is yours), and
• your witnesses must sign your will in front of you.

(N.C. Gen. Stat. §§ 31-3.3, 31-8.1 (2025).)

Only "disinterested" witnesses who don't stand to inherit anything should sign your will because "interested" witnesses can lose the gift you leave them or their spouse by serving as your witness. (N.C. Gen. Stat. § 31-10 (2025).)

A holographic will doesn't need to be witnessed, but it must be completely in your own handwriting. (N.C. Gen. Stat. § 31-3.4 (2025).)

Do I Need to Have My Will Notarized?

No, in North Carolina, you don't need to notarize your will to make it legal. However, North Carolina allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that.

A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. (N.C. Gen. Stat. § 31-11.6 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. North Carolina currently doesn't allow e-wills, but that might change in the future.

Beginning in January 2026, a will maker can store an electronic copy of a written will in North Carolina. To store a will electronically, a will maker must use an attorney licensed in North Carolina. The attorney will scan the original paper will into an electronic file and sign an affidavit stating that the file is a true copy of the will and that the will maker asked the attorney to store it. (N.C. Gen. Stat. §§ 31-71 through 31-73 (2025).)

Should I Choose and Appoint an Executor in My Will?

Yes. In North Carolina, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate. (N.C. Gen. Stat. § 28A-4-1 (2025).)

Can I Revoke or Change My Will in North Carolina?

In North Carolina, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you (with the intent of revoking it)
• making a new will that says it revokes the old will, or
• making another writing that says it revokes the old will and following the same formalities you used to make your original will (see above).

(N.C. Gen. Stat. § 31-5.1 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), North Carolina law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule doesn't apply if you happen to remarry your spouse or if you specifically state in your will that divorce won't affect the provisions in your will. (N.C. Gen. Stat. § 31-5.4 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find North Carolina's laws about making wills here: North Carolina General Statutes Chapter 31 Wills Article 1 Execution of Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

If you're uncomfortable making a will, have complex financial resources, or have complicated family dynamics, you should consider meeting with a North Carolina lawyer who handles estate planning matters.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on North Carolina wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in North Carolina, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in North Carolina?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in North Carolina, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the superior court clerk's office (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, North Carolina does allow will makers to deposit their wills with the superior court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (N.C. Gen. Stat. § 31-11 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that North Carolina doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.