Having a will is an important way to make sure your loved ones are taken care of after you pass away. Without one, the state of North Carolina will decide who gets your property, and it might not be what you want. A will also helps prevent family disagreements and makes things easier for those you leave behind.
At David E. Anderson PLLC, we work with you to make sure your will follows all the legal rules and is written clearly.
What Is a Will?
A will is a legal document that explains how your money, property, and belongings should be given out after your death. It also lets you choose someone to handle your estate, called an executor.
If you have children under 18, a will allows you to name a guardian to care for them. A will gives you control over what happens to your things and makes sure your wishes are followed, and is an important part of your comprehensive estate plan.
Legal Requirements for a Will in North Carolina
In North Carolina, you must be at least 18 years old and mentally capable to create a will. The will must be written down and signed by you. It also needs to be signed by two witnesses who are present when you sign it. While you don’t have to get it notarized, doing so can make it easier to prove that the will is valid. You also have the option to have a “self-proving” will, which will require it to be notarized.
There are different types of wills allowed in North Carolina. Most people use a typed will with witnesses, called an attested will.
A handwritten will, known as a holographic will, is also allowed but must be written entirely in your handwriting.
In rare cases, a spoken will (nuncupative will) can be used, but only in emergency situations, and it only applies to certain types of property.
What Should Be Included in a Will?
A will should clearly say who will inherit your property and belongings. You need to choose an executor, the person who will be responsible for carrying out the instructions in your will.
If you have young children, you can name a guardian to take care of them. Some people also use their will to leave special instructions about funeral plans or donations to charities.
Mistakes to Avoid When Writing a Will
One common mistake is forgetting to update your will after big life events like getting married, divorced, or having children. Another is not making sure your will follows North Carolina’s legal requirements, which could cause problems later.
Picking the wrong executor, forgetting about taxes, and not including things like online accounts can also cause trouble for your family.
How Can an Estate Planning Attorney Help?
While you can write a will on your own, having an estate planning attorney makes the process much easier. We can make sure your will is legally valid and meets your specific needs. We can also help if you have a complicated situation, like a blended family or owning a business.
Our team can explain how a will fits into a bigger estate plan that includes things like trusts and power of attorney documents.
When Should You Update Your Will?
It’s important to review your will every few years or after major changes in your life. If you get married, divorced, have a child, or experience a big financial change, your will should be updated.
If someone named in your will passes away, you may need to make changes. You can update your will by adding a codicil, which is an amendment, or by writing a new will.
What Happens If You Don’t Have a Will?
If you die without a will, the state decides who gets your property. In North Carolina, this is based on intestate succession laws. Your spouse, children, and other close relatives may inherit your belongings, but the distribution might not match what you would have wanted. The court will also pick someone to manage your estate, and family disagreements can happen more easily when there’s no will.
Get Started on Your Will Today
Creating a will is an important step to protect your family and make sure your wishes are followed. At David E. Anderson, PLLC, we help people create wills that fit their needs and follow North Carolina law. Contact us today to schedule a consultation and start planning for your future.
Frequently Asked Questions
Do I need a lawyer to make a will?
No, but having a lawyer makes sure your will is legal and does what you want.
What happens if I don’t have a will?
The state will decide who gets your property based on laws that may not match your wishes.
Can I write my own will?
Yes, but it must meet all legal requirements to be valid.
How much does it cost to create a will?
Most common estate plans start around $1,500 and include other documents such as Powers of Attorney and Living Wills.
Who should I pick as my executor?
Choose someone you trust who is responsible and able to handle the job.
Can I change my will later?
Yes, you can update it by adding an amendment (codicil) or writing a new one.
How often should I review my will?
Check it every few years or when major life events happen.
What if I have an out-of-state will?
We frequently receive calls inquiring about whether out-of-state estate planning documents are valid in North Carolina. The short answer is likely yes. For more information, check out our article Are Out-Of-State Estate Planning Documents Valid In NC?