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North Carolina Wills Laws

A will is a legally binding document or oral statement (allowed in limited circumstances) that lays out an individual's after-death plans for his or her property and affairs. For example, a person's will might state that his prized record collection should be split equally among his four grandchildren and that he would like his ashes deposited in the Mississippi River. North Carolina will laws are similar to will laws in other states, but (unlike manystates) also allows holographic, or handwritten, wills.

The main provisions of North Carolina's will laws are listed in the table below. See FindLaw's Wills section for additional articles and resources.

Code Section § 31-1, et seq.
Age of Testator 18 years or older and of sound mind
Number of Witnesses 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.
Nuncupative (Oral Wills) 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 Wills Written entirely in testator's handwriting and subscribed by testator and found after testator's 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.

Note: State laws are constantly changing -- contact a North Carolina wills attorney or conduct your own legal research to verify the state law(s) you are researching.

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