The North Carolina Last Will and Testament is a document backed by legal statutes that allow a person, referred to as a Testator to declare how they wish for their estate to be divided and dispersed after they die. In North Carolina, these documents are protected and governed by Chapter 31 of the North Carolina Revised Statues. These statutes dictate that a Testator must be over the age of 18 and be of sound mind. These statutes also state that all wills must be signed by (2) witnesses in the presence of the testator. Additionally, North Carolina is also clear about alternative walls such as Nuncupative Wills, also known as oral wills, and holographic Wills, commonly known as Handwritten Wills. The statutes declare that Holographic Wills will be recognized if the entire document is written in the Testator's handwriting and found in his or her handwriting. An Oral Will is recognized by the state but only if the will is made during the Testator's final sickness and two (2) witnesses are present.
Completing a will in North Carolina is a straightforward process that does not require a lot of complex information, but does require specific details to ensure that there is no confusion when the will is being executed. The first piece of information that the Testator will provide his or her address and full name. Next, the Testator will need to name an Executor. If no one is named to execute the will, the court will appoint an Executor. Once the Executor has been appointed, the Testator should state their exact wishes in regards to their estate. This can include everything from who will inherit various items to funeral arrangements. Finally, the Testator will sign in the presence of his or her witnesses, and the two (2) witnesses will follow suit.