Everyone Needs a Will

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What is a Will?

A will is a legal document that outlines how your assets (e.g., property, money, personal items) should be distributed after your death. You, the testator, designate beneficiaries to receive your estate and appoint an executor to manage the process. A will takes effect only upon death and can be revised during your lifetime.

What is it Useful For?

Asset Distribution: Specifies who inherits your property, ensuring your wishes are followed.  

Guardian Designation: Names guardians for minor children, critical for parents.  

Executor Appointment: Chooses a trusted person to carry out your instructions and settle your estate.  

Minimizing Disputes: Clarifies intentions to reduce family conflicts over inheritance.  

Charitable Giving: Allows you to leave assets to charities or causes you support.

Applicable North Carolina Laws

Governed by N.C. Gen. Stat. § 31: A will must be in writing, signed by the testator (or someone under their direction), and witnessed by at least two individuals who sign in the testator’s presence.

Capacity: Testator must be at least 18 and of sound mind (understand the nature of their assets and beneficiaries).  

Probate Requirement: Wills in NC must go through probate, a court-supervised process to validate the will and distribute assets (can take 6-12 months, costing 3-7% of estate value). 

Holographic Wills: Handwritten wills are valid if entirely in the testator’s handwriting, signed, and found in a safe place (e.g., safe deposit box), but they’re riskier due to potential ambiguity.  

Revocation: A will can be revoked or amended by creating a new will or physically destroying the old one with intent.  

Spousal Rights: NC law grants surviving spouses a right to an “elective share” (up to 50% of the estate), which may override will provisions if claimed.

A will is a foundational estate planning tool for North Carolina residents to ensure their legacy is honored. Contact our firm to craft a will tailored to your needs