When you die, if you have a will, you can decide what happens to your property and possessions. If you don’t have a will, North Carolina law decides who gets your property. A will, sometimes called “last will,” is a legal way to say what you want to happen to your property after you die.
You can use a will to:
- Name an executor to carry out your wishes
- Name guardians for your minor children
- Leave specific gifts to people or charities
- Divide your property the way you want
You don’t have to have a lot of money or property to have a will. And, if you have a family, a will is the best way to make sure they are taken care of after you die.
If you make a will, you should keep it in a safe place. Your executor will need it when you die. You should review your will every few years and update it if your family situation or your property changes.
What Happens If You Die Without a Will in North Carolina?
If you die without a will in North Carolina, your property will go to your closest relatives under state “intestate succession” laws. The intestate succession laws of North Carolina can be found in Chapter 29 of the North Carolina General Statutes.
Who Can Make a Will in North Carolina?
When it comes to making a will in North Carolina, two key requirements must be met for the document to be considered valid.
- The individual must be 18 years of age or older. This is in line with the state’s age of majority, which is the age at which an individual is legally considered an adult.
- The individual must be of sound mind. This means that they must be able to understand the nature and extent of their assets, as well as the implications of distributing those assets through a will.
If both of these requirements are met, then the individual can begin the process of drafting their will.
Notarization and Other Requirements
When it comes to your will, there’s no need to go through the extra step of having it notarized to make it legal in North Carolina. All you need to do is sign your will in front of two witnesses, and have your witnesses sign your will in front of you as prescribed under N.C. Gen. Stat. $ 31-3.3.
Of course, just because you don’t need to have your will notarized to make it legal, that doesn’t mean there’s no value in doing so. Having your will notarized or “self-proving” can provide an extra layer of protection against challenges to your will down the road. And if you have any questions about whether or not your will is valid, it’s always best to consult with an experienced estate planning attorney.
Should You Hire a Lawyer to Make Your Will?
Making a will in North Carolina is not difficult or expensive. Many people believe they need to hire a lawyer to create a will. However, this is not the case in North Carolina. While you can create a will without hiring a lawyer, there are benefits to having one do it for you.
The first benefit is that a lawyer can help ensure that your will is valid. Certain requirements must be met for a will to be valid in North Carolina. A lawyer can help ensure that your will meets all of these requirements.
Another benefit of having a lawyer create your will is that they can help you plan for how your assets will be distributed after you die. This can be a complex process, and a lawyer can help make sure that your assets are distributed according to your wishes.
Finally, a lawyer can also help you make sure that your will is executed properly after you die. This includes making sure that your beneficiaries receive their inheritance and that your debts are paid.
The Legal Help You Need
When it comes to your last will, you want to make sure that everything is in order. You don’t want your loved ones to have to go through any more stress than they have to. GPS Law Group can help you with all aspects of your will, from drafting to executing. We can help you make sure that your wishes are carried out and that your loved ones are taken care of.
Don’t wait until it’s too late. Call GPS Law Group today at (704) 549-1950 or use our online contact form to send a message and set up a consultation, and let us help you plan for your future.
GPS Law Group serves Charlotte, North Carolina, and the surrounding communities.