A will in North Carolina, once made, must be signed by two (2) witnesses who have confirmed the testator`s signature. The document can also be notarized if the testator wishes to add an additional and optional level of legal protection. It is understood that as long as the testator is of sound mind, he can modify or revoke the document at any time. Use this deed to transfer the residential property described below directly to your designated beneficiaries upon your death. YOU SHOULD CAREFULLY READ ALL THE INFORMATION ON THE OTHER PAGES OF THIS FORM. You may want to consult a lawyer before using this act. It may have results you don`t want. Provide only the information requested in the form. DO NOT INCLUDE ADDITIONAL INFORMATION OR INSTRUCTIONS. This form MUST be registered no later than 60 days after the date of signature and notarial attestation, otherwise it will not be effective.
Estate administration is a process of managing a person`s assets and debts after death. Some goods are managed by „full administration“. Many small goods can be managed through simpler processes. Unless the testator establishes complete alternatives to the judicial administration of the estate prior to death, the administration of the estate is carried out by the courts, primarily at the office of the appropriate clerk of the superior court. In full administration, the registrar of the Superior Court grants a power of attorney to a personal representative of the deceased, who inventories the deceased`s property, makes public the testator`s creditors, pays the testator`s valid debts and distributes the testator`s remaining property to the persons designated as beneficiaries in the deceased`s will, if applicable. or to the person or persons legally entitled in the absence of a will. A testator can use a will for different purposes, but the most important thing is to express how assets such as homes, vehicles, business assets, and bank accounts should be divided after the testator`s death. A North Carolina will can also allow you to appoint someone as your children`s legal guardian. The Intestate Succession Act contains the rules for the distribution of the property of persons who have died without a valid will.
Most people who write leave their property to their immediate family, so the law of intestate succession generally distributes property in the same way. If a person dies without a will, the property may be divided between the surviving spouse and the children (or the spouse and parents if there are no children) depending on the value and nature of the property. If the person has children, grandchildren, great-grandchildren, etc., but no spouse, the property is divided among the children or descendants of the deceased children. If the testator has neither of these parents, the property is usually distributed to family members in the following order: (1) parents; 2) siblings and children, grandchildren, etc. of deceased siblings; (3) grandparents; 4) Aunts and uncles and, if deceased, their descendants. For a will to be valid in North Carolina, it must meet the North Carolina legal requirements set forth in Chapter 31 of the North Carolina General Statutes. In addition to written wills, North Carolina recognizes the following types of wills: Although a will is not required by law, intestate laws without a will determine the distribution of assets in an estate. However, the result according to the intestate succession rules may not coincide with the wishes of the deceased, which means that in general it is advisable to draw up a will. However, a handwritten will is still valid in North Carolina as long as it meets certain requirements. If one of the following three points is not met, the handwritten will may be considered invalid. First, the will can only be written by the hand of the person who writes it.
Second, the will must be signed by the person making the will. Third, the will must be kept in a safe place. The last requirement is ambiguous because it is not clear what constitutes a safe place. A court reviewing such a case usually decides whether or not it was a safe place based on what it was stored with, rather than the actual location. For example, a North Carolina court found that a freezer was a safe place because the person kept other important documents in it. Creating a will is key to creating an estate plan. Although the law does not require anyone to make a will if you do not have one, your assets will be distributed after your death in accordance with state law. A will allows you to exercise control over the disposition of your property. Using a template to write a will works well for some people, but there are some things you should consider when deciding if it`s the right choice for you. Not all properties you own can be distributed by will in North Carolina. For example, property that is part of a roommate with the survivor`s right cannot be set out in a will.
The beneficiary of a life insurance policy cannot be changed by will. A valid will does not require any notarial seal or certification. However, the law allows the testator and witnesses to make a notarial affidavit confirming that the will was signed by the testator in the presence of the witnesses at the same time as the signing of the will.