What Is a Last Will and Testament?
North Carolina defines a will as including an attested written will that complies with the requirements set forth in § 31-3.3.
Requirements
To execute a valid will, individuals must:
- Be mentally sound and at least eighteen (18) years of age. (§ 31-1)
- The will must be in writing (§ 31-3.3)
- Sign in the presence of two (2) witnesses. (§ 31-3.3)
Filing
North Carolina does not require individuals to file wills during their lifetime. After the testator’s death, the original will must be filed with the clerk of the superior court in the county where the testator resided.
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