Make a North Carolina Last Will and Testament

North Carolina State Last Will and Testament Laws

Definition of Will - Chapter 31, Article 1 covers the definition of Wills in North Carolina.

Laws - Chapter 31: Wills

Witnesses - According to G.S. 31-3, the Will must be signed by two (2) competent witnesses.

A Sample North Carolina Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you aren’t single, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, list the names of pets. Finally, provide information about any life insurance policies you have.

Step 6 - Specify the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, provide the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name someone as your Executor. If you don’t, someone will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information about the Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should name a guardian, alternate guardian, and perhaps even a conservator for them in your Will. To do so, provide the following information for each:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you have other beneficiaries besides your children, provide the following information for each one:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

Your witnesses must be present when you sign the Will. They must sign the Will right after you do. Remember that after you execute your Will, you should keep it in a safe place that is also easy for those who may need it to access it.

Why do you need a North Carolina last will and testament form?

In the State of North Carolina, a last will and testament can serve as a legal document that may be used to distribute any assets belonging to the testator. In the document, a testator can name an executor who will be legally responsible for carrying out any wishes outlined in the will. The will can also list any beneficiaries that can inherit any part of the estate.

The benefits of having a will

According to North Carolina law, there is no legal requirement that you must have a last will and testament. However, there are many benefits to having one.

• A valid will allows you to outline your wishes for any real property and personal property.
• Having a will allows you to name an executor who will carry out any wishes outlined in your will.
• A Will allows you to name a guardian for minors in your care.
• A will can also include charitable donations to be made in your name upon your death.
• A will can also include pet trusts.
• For small estates, an expedited process is available.

The costs of not having a will

Without a North Carolina Will in place, intestacy laws take over. This means that the probate courts determine the outcome of your estate. In the State of North Carolina, if there is only a surviving spouse, they will inherit the entirety of the estate. If there is a surviving spouse and children, the spouse will inherit the first $30,000 of the estate plus an equal share of the remainder that will also be split among any surviving children. If there is a surviving spouse and surviving parents, the spouse would inherit the first $50,000 with the rest being divided among the surviving spouse and parents (both parents counting as one share). If there is no spouse, children, or parents, the estate will be inherited by the next closest relative. If no relative is located, the State of North Carolina becomes the beneficiary of the estate.