North Carolina

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

§ 31-1, et seq.

Operative Facts

1. document must be signed
2. must be signed in the presence of 2 witnesses who believe declarant is of sound mind
3. document must be dated
4. document must be notarized or proved before a clerk
5. specific form §90-321(a)

Age of Testator

18 years or older and of sound mind

Number of Witnesses Required

Attested by at least two competent witnesses, each of whom must sign will in presence of testator but need not sign in presence of each other.

Oral Will Recognition

Made by person in his last sickness or in such imminent peril of death and who does not survive such sickness or peril and declared to be his will before two competent witnesses simultaneously present and specially requested by him to bear witness thereto.

Holographic Will Recognition

Written entirely in testator's handwriting and subscribed by testator and found after testators' death among his valuable papers or in safe deposit box or other safe place or with some person under his authority for safekeeping; no witness required.