North Carolina Last Will and Testament Template

Yes, you do, and for several reasons. Among those reasons are:

• If you die without a will in North Carolina, you are deemed to have died intestate. If you die intestate, then the laws of the state of North Carolina will decide how your estate is distributed. The North Carolina laws of intestate succession are complicated. You would probably rather control the distribution of your estate yourself.
• If you have minor children, you can use the will to appoint a guardian of the children. You can appoint the same person to take care of the children’s welfare and of their estate, or different people to do each task. This will often be written in conjunction with a trust for the minor children, although the trust itself will be a separate document.
• You can name your executor in a will. This should be someone you trust to make sure that your wishes as laid out in your will are carried out by the executor and the probate court. If you do not name an executor, the court will appoint an administrator for the will.

Some websites may have forms to fill out for free wills. However, these are usually very simple wills that may not be valid for your state. FindLaw has worked with experienced attorneys to put together state-specific forms so that you will have a valid North Carolina will. In addition, our step-by-step instructions make sure that you are always making the right next step.

A decedent’s estate is the sum total of everything that the decedent owned at the time of death, including all real and personal property before debts, taxes, or any other adjustments. The gross estate is the financial equivalent of the decedent’s estate if it were to be sold at market price. The gross estate is the amount that will be subject to estate tax.

The will directs the executor or administrator to distribute the decedent’s estate if the estate has assets to distribute, and to pay all bills of the estate.

You can change your will at any time after you write it and even after it is validated. You can either completely revoke it and rewrite it from the ground up or change it by adding a clause called a codicil. The codicil is used to add something to a will. If you want to make wholesale changes (like if you get a divorce, win the lottery, have a child, etc.), you should revoke and rewrite your will.

You can revoke the will just by tearing it into pieces. Writing a new will also automatically revokes the old will. The newest will always supersedes the previous wills.

A codicil requires exactly the same elements as writing an entire will, including being of sound mind, having testamentary intent, and the witness requirement.

Your will is administered in the state in which you die. For example, if you die in Florida it will be administered there, even if you are a North Carolina resident. If you have property in both states, you will also need a representative in both states.

The will is administered in probate court. A probate court will usually let the executor handle most of the estate settlement activities, unless there is a problem.

Probating a will, especially for a complex estate, can take some time. There will be court fees and there is usually a clause in the will directing those fees to be paid out of the estate. If there is a will contest, the proceedings can get lengthy, messy, and expensive.

The probate of the estate is completed when there are no further questions or transactions possible under the will, and the executor files a final accounting.

Anybody with a legal interest in the estate who does not receive their rightful share under the will can contest the will in probate court. Rightful share in North Carolina means the amount that person would have had under North Carolina’s rules of intestate succession. A lawyer can guide you through this very complex area of law.

Any business or person who has an uncollected debt against the decedent can bring an action in probate court for that money. Often, all of these debts are settled at one hearing.