North Carolina · statute · N.C. Gen. Stat. ch. 31 · 42 active provisions
Who may make will. Any person of sound mind, and 18 years of age or over, may make a will. (1811, c. 280; R.C., c. 119, s. 2; Code, s. 2137; Rev., s. 3111; C.S., s. 4128; 1953, c. 1098, s. 1; 1965, c. 303; 1969, c. 39.)
Will invalid unless statutory requirements complied with. No will is valid unless it complies with the requirements of this Chapter. (1953, c. 1098, s. 2; 2025-33, s. 8.5.)
Kinds of wills. (a) Personal property and real property may be devised byany of the following: (1) An attested written will that complies with the requirements of G.S. 31-3.3. (2) A holographic will that complies with the requirements of G.S. 31-3.4. (3) A certified paper copy of an attested written will created in acc…
Attested written will. (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 t…
Holographic will. (a) A holographic will is a will that meets all of the following requirements: (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 prin…
Nuncupative will. 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 a…
Seal not required. A seal is not necessary to the validity of a will. (1953, c. 1098, s. 2.)
Revocation of written will. A written will, or any part thereof, may be revoked only (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 fo…
Revocation of nuncupative will. A nuncupative will or any part thereof may be revoked (1) By a subsequent nuncupative will, or (2) By a subsequent written will or codicil or other revocatory writing executed in the manner provided herein for the execution of written wills. (1953, c. 1098, s. 4.)
Will not revoked by marriage; dissent from will made prior to marriage. 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 surv…
Revocation by divorce or annulment; revival. (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 relate…
After-born or after-adopted child; children born out of wedlock; effect on will. (a) A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after-born child born out of wedlock to take as an heir of…
No revocation by subsequent conveyance. No conveyance or other act made or done subsequently to the execution of a will of, or relating to, any real or personal estate therein comprised, except an act by which such will shall be duly revoked, shall prevent the operation of the will with respect to any estate or interes…
Specific provisions for revocation exclusive; effect of changes in circumstances. 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. (1953, c. 1098, s. 9; 2011-344, s. 8.)
Revival of revoked will. No will or any part thereof that has been in any manner revoked can, except as provided in G.S. 31-5.4, be revived otherwise than by a reexecution thereof, or by the execution of another will in which the revoked will or part thereof is incorporated by reference. (1953, c. 1098, s. 10; 1991, c.…
Who may witness. Any person competent to be a witness generally in this State may act as a witness to a will. (1953, c. 1098, s. 15.)
Executor competent witness. No person, on account of being an executor of a will, shall be incompetent to be admitted a witness to prove the execution of such will, or to prove the validity or invalidity thereof. (R.C., c. 119, s. 9; Code, s. 2146; Rev., s. 3119; C.S., s. 4137.)
Beneficiary competent witness; when interest rendered void. (a) A witness to an attested written or a nuncupative will, to whom or to whose spouse a beneficial interest in property, or a power of appointment with respect thereto, is given by the will, is nevertheless a competent witness to the will and is competent to…
Corporate trustee not disqualified by witnessing of will by stockholder. A corporation named as a trustee in a will is not disqualified to act as trustee by reason of the fact that a person owning stock in the corporation signed the will as a witness. (1949, c. 44.) Article 4. Depository for Wills.
Depositories in offices of clerks of superior court where living persons may file wills. (a) The clerk of the superior court in each county of North Carolina 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. The cle…
How attested wills may be made self-proved. (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…
Filing of caveat. (a) At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any party interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of such will; P…
Cause transferred to trial docket. (a) Upon the filing of a caveat, the clerk shall transfer the cause to the superior court for trial by jury. The caveat shall be served upon all interested parties in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil Procedure. (b) After service under subsection (a) of this sect…
Affidavit of witness as evidence. Whenever the subscribing witness to any will shall die, or be mentally incompetent, or be absent beyond the State, it shall be competent upon any issue of devisavit vel non to give in evidence the affidavits and proofs taken by the clerk upon admitting the will to probate in common for…
Effect of caveat on estate administration. (a) Order of Clerk. - Where a caveat is filed, the clerk of the superior court shall forthwith issue an order that shall apply during the pendency of the caveat to any personal representative, having the estate in charge, as follows: (1) Distributions to beneficiaries. - That…