North Carolina Last Will and Testament | Fillable PDF | Word | RTF
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Although young people do not often consider making a will, it is never too early to make one. The testator (the person who creates the will), must be at least 18-years-old. For a court to uphold a will in North Carolina, the will must fulfill the following requirements as well:A will is the most important estate-planning tool available to you, as it allows you to decide who will inherit your property after you have passed away. That is, this legal tool lets you maintain control of your property after your death, when you otherwise would have no control over it without the will.
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Requirements
- Signed by the testator in the presence of two witnesses or acknowledging his or her signature in the presence of the witnesses
- Signed by the two witnesses in the testator’s presence
It is preferable for witnesses not to be beneficiaries of the will, but North Carolina law allows this. North Carolina also does not require notarization, but a notarized affidavit stating that the witness observed the testator signing the will does support the will’s authenticity. Testators may also write a holographic (handwritten) will under North Carolina law, but the entire will must be in the testator’s handwriting. No witnesses are required for this type of will.
Rare among other states, North Carolina also allows testators to make a nuncupative (verbally dictated) will, but only if the testator is “in his last sickness or in imminent peril of death” and dies because of this sickness or peril, and dictates the will before two witnesses. These wills may only distribute personal property, however, not real estate.
More than distributing your property, you can use a will to name guardians for minor children, give allowances, and state your desired funeral and burial arrangements.
Sources
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