How to Make a Valid Will in North Carolina

Who Can Make a Will in North Carolina?

You must be at least 18 years old to make a will in North Carolina. No statutory exceptions for minors. The testator must be of sound mind (N.C.G.S. § 31-1)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may subscribe the testator's name in the testator's presence and at the testator's direction (N.C.G.S. § 31-3.3).

Witness Requirements in North Carolina

North Carolina requires 2 witnesses. Must be competent witnesses. The testator must sign or acknowledge the will in the presence of two witnesses, and both witnesses must sign in the presence of the testator (N.C.G.S. § 31-3.3).

Interested witnesses: An interested witness does not invalidate the will (N.C.G.S. § 31-10)

Notarization in North Carolina

Notarization is not required for a will to be valid in North Carolina. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

North Carolina allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (N.C.G.S. § 31-11.6)

Handwritten (Holographic) Wills

North Carolina does recognize holographic wills. Valid if written entirely in the testator's handwriting, signed by the testator, and found after death among the testator's valuable papers or effects, or in a safe-deposit box, or in the custody of some person with whom it was deposited for safekeeping (N.C.G.S. § 31-3.4)

Electronic Wills

North Carolina does not currently recognize electronic wills. North Carolina does not currently recognize electronic wills, though NC enacted provisions for electronic storage of paper wills effective January 2026

Oral (Nuncupative) Wills

Recognized in limited circumstances: must be made during last sickness or in imminent peril of death, before two competent witnesses. Only valid for personal property up to a limited value. Must be proved within 6 months after the speaking of the alleged testamentary words (N.C.G.S. § 31-3.5)

How to Revoke a Will in North Carolina

In North Carolina, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

N.C.G.S. § 31-5.1

Special Provisions in North Carolina

North Carolina is a separate property/common law state. Surviving spouse has an elective share ranging from a life estate in one-third to an outright share depending on the number of surviving descendants (N.C.G.S. § 30-3.1). North Carolina's holographic will must be found among valuable papers — unique requirement. North Carolina has no state estate tax

Relevant North Carolina Statutes

• N.C.G.S. § 31-1 (Who may make a will)
• N.C.G.S. § 31-3.3 (Attested written will)
• N.C.G.S. § 31-3.4 (Holographic will)
• N.C.G.S. § 31-3.5 (Nuncupative will)
• N.C.G.S. § 31-5.1 (Revocation)
• N.C.G.S. § 31-10 (Interested witnesses)
• N.C.G.S. § 31-11.6 (Self-proved wills)
• N.C.G.S. § 30-3.1 (Elective share)