North Carolina wills
How to make a will in North Carolina
What North Carolina law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
North Carolina requires online legal-document services to register with the State Bar and have their forms reviewed by a North Carolina attorney. Until we finish that, we don't prepare wills or codicils for North Carolina residents. You can still choose causes, get gift wording for your attorney, and name charities on your accounts.
North Carolina will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | No |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in North Carolina
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (N.C.G.S. 31-11.6)
- Store the original safely and tell your executor where it is. North Carolina also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
The testator signs (or has someone sign in his or her presence and at his or her direction) and signs in the witnesses' presence or acknowledges the earlier signature to them, possibly separately. At least 2 competent witnesses sign in the testator's presence but need not sign in each other's presence (N.C.G.S. 31-3.3).
If a witness inherits: Unless at least 2 other disinterested witnesses signed, the interested witness, his or her spouse, and anyone claiming under the witness take nothing under the will (N.C.G.S. 31-10(a)).
Handwritten wills
Written entirely in the testator's handwriting and signed by the testator (or the name written in or on it in the testator's hand); no witnesses. The former 'found among valuable papers' requirement was repealed for decedents dying on or after 2021-07-08 (N.C.G.S. 31-3.4).
Self-proving affidavit
North Carolina lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (N.C.G.S. 31-11.6)
Can I sign my will online in North Carolina?
No. No electronic-will or remote-witnessing statute found.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: N.C.G.S. 10B-134.3(c) bars remote electronic notarization of a self-proved will or a codicil, except for certain military members and dependents abroad, or principals at a U.S. embassy, consulate or diplomatic mission. (N.C.G.S. 10B-134.1 et seq. (S.L. 2022-54, as amended by S.L. 2023-57; in effect by 2024-07-01))
Good to know in North Carolina
Every county's clerk of superior court must keep a depository where a testator, agent or attorney can file the original paper will during life (N.C.G.S. 31-11, amended 2025).
Estate and inheritance taxes
North Carolina has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
North Carolina will questions
Does a will need to be notarized in North Carolina?
No. Two witnesses make a North Carolina will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in North Carolina?
Written entirely in the testator's handwriting and signed by the testator (or the name written in or on it in the testator's hand); no witnesses. The former 'found among valuable papers' requirement was repealed for decedents dying on or after 2021-07-08 (N.C.G.S. 31-3.4).
Can a beneficiary witness a will in North Carolina?
Unless at least 2 other disinterested witnesses signed, the interested witness, his or her spouse, and anyone claiming under the witness take nothing under the will (N.C.G.S. 31-10(a)).
Can I make a will online in North Carolina?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. North Carolina doesn't allow electronic wills, so the will must be signed on paper.
Does North Carolina have an estate or inheritance tax?
North Carolina has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- N.C.G.S. 31-1 Who may make will
- N.C.G.S. 31-3.3 Attested written will
- N.C.G.S. 31-3.4 Holographic will
- N.C.G.S. 31-10 Beneficiary competent witness
- N.C.G.S. 31-11 Depositories for wills
- N.C.G.S. 31-11.6 Self-proved wills
- N.C.G.S. 10B-134.1 Remote electronic notarization definitions
- N.C.G.S. 10B-134.3 Types of remote electronic notarial acts; prohibitions
Last reviewed October 24, 2026 against North Carolina statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a North Carolina attorney.
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