Simple Will - North Carolina

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of North Carolina
County of [COUNTY]

Effective Date: ___________________

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
A. Attestation Clause
B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)

I. DOCUMENT HEADER

This LAST WILL AND TESTAMENT (this “Will”) is made by me, [TESTATOR FULL LEGAL NAME] (“Testator”), presently a resident of [STREET ADDRESS, CITY], [COUNTY] County, North Carolina, being of legal age and of sound mind and memory, and acting voluntarily and free from duress or undue influence.

In consideration of the premises and the mutual covenants herein, I hereby revoke all prior wills and codicils and declare this to be my Last Will and Testament.

II. DEFINITIONS

For purposes of this Will, the following terms have the meanings set forth below:

“Child” or “Children” – My biological or legally adopted descendants in the first degree of lineal consanguinity, including posthumous children.
“Executor” – The Personal Representative of my Estate appointed in Section III.2.
“Estate” – All probate assets owned by me at death, wherever situated, together with any property passing to the Executor by reason of this Will.
“Fiduciary” – Each Executor, guardian, or other personal representative acting under this Will.
“Issue” – All lineal descendants of a person of all generations, with the relationship of parent and child determined according to North Carolina law in force at my death.
“Residue” – The remainder of my Estate after payment of debts, expenses, taxes, and satisfaction of all specific bequests.

III. OPERATIVE PROVISIONS

3.1 Family Information

I am married to [SPOUSE NAME] (“Spouse”). We have the following children: [LIST CHILDREN BY NAME AND DATE OF BIRTH].
[Optional if unmarried: “I am not presently married and have no living children.”]

3.2 Appointment of Executor

3.2.1 I appoint [PRIMARY EXECUTOR] as Executor of my Estate.
3.2.2 If [PRIMARY EXECUTOR] fails or ceases to serve, I appoint [ALTERNATE EXECUTOR] as successor Executor.
3.2.3 No bond shall be required of any resident Executor acting hereunder unless the Clerk of Superior Court finds bond necessary for the protection of the Estate; a nonresident Executor is excused from bond only as permitted by N.C. Gen. Stat. § 28A-8-1(b).

3.3 Payment of Debts, Expenses, and Taxes

My Executor shall pay from my Estate all enforceable debts, last illness and funeral expenses, estate administration expenses, and all estate and inheritance taxes attributable to property passing under this Will or otherwise, without apportionment, except as otherwise provided by law.

3.4 Specific Bequests

I give and bequeath the following:

a. [Description of Item or Amount] to [Beneficiary Name and Relationship].
b. [Repeat as necessary].

Any specific bequest that fails shall pass to my Residuary Estate unless otherwise provided.

3.5 Residuary Estate

I give, devise, and bequeath all the residue and remainder of my Estate, real and personal, tangible and intangible, of every kind and wherever situated, to [RESIDUARY BENEFICIARY NAME].
[Alternative distribution scheme may be inserted—e.g., “to my children, per stirpes.”]

3.6 Guardianship of Minor Children

If at my death any of my children are under eighteen (18) years of age, I recommend and nominate [PRIMARY GUARDIAN] as guardian of the person and estate of such minor child(ren), and [ALTERNATE GUARDIAN] as alternate guardian, pursuant to N.C. Gen. Stat. § 35A-1225. This recommendation shall not affect the rights of any surviving parent who has not willfully abandoned the minor child(ren), and the Clerk of Superior Court shall give substantial weight to this recommendation but shall base any guardian appointment on the minor child(ren)'s best interest (N.C. Gen. Stat. § 35A-1224(d)). No bond shall be required of the guardian so appointed unless the Clerk finds bond necessary to protect the minor's interest.

3.7 Digital Assets

My Executor shall have authority to access, handle, distribute, or dispose of my digital assets and electronic communications to the fullest extent permitted under the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in North Carolina, N.C. Gen. Stat. Chapter 36F, including the authority described in N.C. Gen. Stat. §§ 36F-8 and 36F-15 and N.C. Gen. Stat. § 28A-13-3(a)(3a). This authorization is intended as the express written direction contemplated by N.C. Gen. Stat. § 36F-4 so that it takes priority over a custodian's terms-of-service agreement to the extent permitted by law.

3.8 Powers of Executor

In addition to the powers conferred upon a personal representative by N.C. Gen. Stat. § 28A-13-3, my Executor may without court order:
a. Sell, lease, exchange, or otherwise dispose of property (real or personal) at public or private sale.
b. Settle or compromise claims for or against the Estate.
c. Continue any business in which I may have an interest.
d. Make distributions in cash or in kind, or partly each, without regard to proportionate share of unrealized gain or loss.
e. Employ and compensate professionals, including attorneys, accountants, and investment advisors.

Such powers shall be construed in the broadest lawful manner.

IV. REPRESENTATIONS & WARRANTIES

4.1 Legal Capacity. I hereby represent that I am at least eighteen (18) years of age and domiciled in the State of North Carolina.
4.2 Testamentary Intent. I warrant that this instrument expresses my free and considered disposition of property and is executed voluntarily.

V. COVENANTS & RESTRICTIONS

All Fiduciaries shall:
a. Act in good faith and in the best interests of the beneficiaries;
b. Maintain accurate books and records available for inspection by beneficiaries upon reasonable request; and
c. Provide an annual accounting unless waived in writing by all competent residuary beneficiaries.

VI. DEFAULT & REMEDIES

6.1 No-Contest (In Terrorem) Clause

Any beneficiary who directly or indirectly contests (by caveat under N.C. Gen. Stat. §§ 31-32 and 31-33 or otherwise) the validity of this Will or any of its provisions, or who assists another in doing so, shall forfeit and be deemed to have predeceased me as to any share provided herein, and such share shall lapse into the Residuary Estate.

Notwithstanding the foregoing, this clause shall not result in forfeiture, and shall be given no effect, as to any beneficiary whose contest or opposition is made in good faith and upon probable cause, consistent with North Carolina law. This clause shall not apply to a proceeding merely seeking construction or clarification of this Will, to a claim in the nature of debt against the Estate, or to a proceeding to compel a Fiduciary to account or to redress a breach of fiduciary duty.

6.2 Removal of Fiduciary

A beneficiary or co-Fiduciary may petition the Clerk of Superior Court of [County] County, North Carolina, as ex officio judge of probate, for removal of a Fiduciary for cause, including but not limited to breach of fiduciary duty, incapacity, or persistent failure to perform.

VII. RISK ALLOCATION

7.1 Executor Indemnification

The Executor shall be indemnified out of the Estate against all claims, liabilities, and expenses (including reasonable attorneys’ fees) incurred by reason of lawful acts or omissions in the execution of fiduciary duties, except for acts of willful misconduct or gross negligence.

7.2 Limitation of Liability

Each Fiduciary’s liability shall be limited to the extent of Estate assets under that Fiduciary’s control; no personal liability shall attach except for willful misconduct or gross negligence.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Will shall be governed by and construed in accordance with the laws of the State of North Carolina.
8.2 Forum and Venue. North Carolina has no separate "Probate Court." Probate of this Will and administration of my Estate shall be conducted before the Clerk of Superior Court of [COUNTY] County, North Carolina, as ex officio judge of probate, which has original jurisdiction over estate proceedings, including probate of wills and the granting of letters testamentary (N.C. Gen. Stat. §§ 28A-2-1, 28A-2-4). If any interested party files a caveat contesting this Will, the Clerk shall transfer that proceeding to the Superior Court Division of the General Court of Justice for trial by jury on the issue of devisavit vel non (N.C. Gen. Stat. §§ 31-32, 31-33), and certain other matters (including actions for money damages, breach of fiduciary duty, and actions by or against creditors) likewise lie exclusively in the Superior Court Division (N.C. Gen. Stat. § 28A-2-4(c)).
8.3 Arbitration. Arbitration is not available in lieu of a caveat proceeding contesting the validity of this Will, and is not otherwise available for matters within the Clerk of Superior Court's exclusive original jurisdiction over estate proceedings.
8.4 Jury Trial. A caveat contesting the validity of this Will is tried before a jury in the Superior Court Division on the issue of devisavit vel non, and that jury trial right may not be waived (N.C. Gen. Stat. § 31-33(a)). Routine, uncontested estate administration matters before the Clerk of Superior Court are not tried before a jury.
8.5 Preservation of Estate Assets; Injunctive Relief. Upon the filing of a caveat, the Clerk of Superior Court shall enter an order restricting distributions and commissions and directing the Executor to preserve Estate assets pending resolution of the contest (N.C. Gen. Stat. § 31-36). The Superior Court Division of the General Court of Justice may issue injunctive or other equitable relief, including temporary restraining orders, as necessary to preserve Estate assets in aid of its jurisdiction over any proceeding transferred to it.

IX. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall continue in full force and effect.
9.2 Headings. Section headings are for convenience only and shall not affect interpretation.
9.3 No Merger. This Will constitutes the entire disposition plan and supersedes all prior instruments.
9.4 Counterparts & Electronic Signatures. This Will may be executed in multiple counterparts, each of which shall be deemed an original. A self-proved will, and the self-proving affidavit to this Will, may not be notarized remotely; remote electronic notarization is unavailable for self-proved wills, codicils, and trusts under North Carolina law (N.C. Gen. Stat. § 10B-134.3). Separately, North Carolina permits an attested written will, once validly signed and witnessed on paper, to be converted and stored as an electronic record by a licensed North Carolina attorney for safekeeping under N.C. Gen. Stat. Chapter 31, Article 11 (effective January 1, 2026); that process does not permit the original creation or witnessing of a will by electronic signature.
9.5 Gender & Number. Words of any gender include all genders, and words in the singular include the plural and vice versa.

X. EXECUTION BLOCK

I, [TESTATOR FULL LEGAL NAME], the Testator, sign my name to this instrument on this _____ day of ______________, 20____, at __________________________________________, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for the purposes herein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

___________________________________
[TESTATOR FULL LEGAL NAME], Testator

A. Attestation Clause (N.C. Gen. Stat. § 31-3.3)

We, [WITNESS #1 FULL NAME] and [WITNESS #2 FULL NAME], respectively, being duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed this Will in our presence, that the Testator appeared to us to be of sound mind and lawful age, and that each of us signed this Will as witness in the presence of the Testator and each other.

Witness #1: _______________________________
Name: ____________________________________
Address: __________________________________

Witness #2: _______________________________
Name: ____________________________________
Address: __________________________________

B. Self-Proving Affidavit (N.C. Gen. Stat. § 31-11.6)

State of North Carolina )
County of __________________ ) ss.:

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], known to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all being duly sworn, each declared to me that the Testator signed the instrument as the Testator’s Last Will and Testament and that the Testator had signed willingly (or expressly directed another to sign for the Testator), and that each witness, in the presence and hearing of the Testator, signed the Will as witness and that, to the best of their knowledge, the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

Subscribed, sworn, and acknowledged before me by the Testator and witnesses on this _____ day of ______________, 20____.

Notary Public: ______________________________
My Commission Expires: ______________________

[SEAL]