Signing a Last Will & Testament in NC

In my practice, I continually run across homemade or LegalZoom Last Wills & Testaments that are executed improperly and thus are completely invalid.

To properly execute a Last Will & Testament in North Carolina, the Testator or Will-maker must declare they are signing their Last Will & Testament and then sign the document in front of two witnesses, who must also sign the Last Will & Testament. N.C.G.S. §31-3.3.

If the Will-maker is unable to sign due to a physical impairment, the Will-maker may direct another person to sign on the Will-maker’s behalf. N.C.G.S. §31-3.3(b).

A witness should not be a beneficiary of the Last Will & Testament and should be 18 years or older. N.C.G.S. §31-10(a).

North Carolina allows for a Last Will & Testament to be “self-proving,” meaning there will be fewer requirements when the Will is filed for probate. To be self-proved, the Will-maker must sign and attest that this document is their Last Will & Testament before a notary public. The witnesses much each sign and attest that they witnessed the Will-maker sign and attest the Last Will & Testament and that the Will-maker is of sound mind and under no undue influence. N.C.G.S. §31-11.6.

Interestingly, North Carolina also allows for holographic Last Wills & Testaments – or Wills written in the Will-maker’s handwriting and signed by the Will-maker. N.C.G.S. §31-3.4.