What a will does, and what it doesn’t
A will does four jobs. It names who receives your property. It names your executor, the person who handles your estate after you die. If you have young children, it says who you want to raise them and who manages money you leave them. North Carolina law lets a parent recommend a guardian in a will (N.C. Gen. Stat. § 35A-1225). In South Carolina, the probate court doesn’t decide a child’s custody, but it can oversee property a child owns (S.C. Code § 62-5-201).
What a will doesn’t do is keep your estate out of probate, the court process that settles someone’s estate. Your will is the set of instructions the probate court follows. If staying out of probate matters to you, a trust may fit better.
Some property never passes through your will at all:
- Life insurance and retirement accounts go to the beneficiary named on the account.
- A bank account with a payable-on-death designation goes to the person named on it.
- Property you own jointly with right of survivorship goes to the surviving owner.
- Property already in a trust follows the trust.
So your will and those other documents have to agree. We check both.
Making a will valid in North Carolina
In North Carolina, you must be at least 18 and of sound mind to make a will (N.C. Gen. Stat. § 31-1). A typed will is valid when you sign it in front of two witnesses, who sign it too (§ 31-3.3).
North Carolina also accepts a holographic will: one written entirely in your own handwriting and signed by you. It needs no witnesses (§ 31-3.4). It’s legal. It’s also easy to leave something out, or to word a gift in a way the court reads differently than you meant.
A North Carolina will doesn’t need a notary. But it can be made self-proving, with a sworn statement you and your witnesses sign in front of a notary (§ 31-11.6). That lets the court accept the will later without tracking down your witnesses.
Making a will valid in South Carolina
In South Carolina, you must be of sound mind and not a minor (S.C. Code § 62-2-501). Your will must be in writing and signed by you. Two witnesses must also sign it, each having seen you sign or acknowledge it (§ 62-2-502).
South Carolina has no separate rule for handwritten wills. A will written in your own hand and signed in South Carolina still needs two witnesses. A South Carolina will can be made self-proving too, with your acknowledgment and a witness’s sworn statement before a notary (§ 62-2-503).
Moving between the two states
Both states accept a will that was valid where it was signed (N.C. Gen. Stat. § 31-46; S.C. Code § 62-2-505). A will signed in Charlotte doesn’t stop working when you move to Summerville. Still, have it reviewed after a move. Your new state’s rules on spouses, property and probate can change how the will works.
Choosing your executor
Your executor gathers what you own, pays your debts and final bills, and hands out what’s left the way your will says. South Carolina’s courts call this person the personal representative.
Pick someone organized, trustworthy and willing to do the work. Name a backup in case your first choice can’t serve. If your first choice lives in another state, tell us, and we’ll explain what that means for the estate.
Your executor’s authority comes from the will and the court. The people who receive what’s left are your beneficiaries. The executor works on their behalf, and the court can step in if the will isn’t followed.
Wills and the family home
How your house passes depends on how the deed is titled. If the house is in your name alone, your will decides who receives it, through probate. If you and your spouse own it together with a right of survivorship, it passes to the survivor automatically, and your will doesn’t control it. In North Carolina, a deed to a married couple usually creates this kind of ownership, called tenancy by the entirety (N.C. Gen. Stat. § 41-56).
That’s why we read your deed before we draft. Maybe the house should go to one child, or be sold and the money split. Your will can only do that if the house is titled in a way the will controls. Get that right now, and your family won’t have to untangle the title later.
If you’ve already inherited a house, or a deed is still in a parent’s name, see inherited property and deeds. We prepare deeds.
Changing or replacing your will
You can change your will at any time while you have the capacity to make one. In both states, you revoke a will by signing a new one that says so, or by destroying it on purpose (N.C. Gen. Stat. § 31-5.1; S.C. Code § 62-2-506). Crossing out a line can revoke that part. It can’t add anything new, and it invites arguments later.
A divorce changes your will automatically. In both states, it cancels gifts to your former spouse and removes them as executor. The exception is a will that says otherwise, or in South Carolina a court order or divorce agreement that does (N.C. Gen. Stat. § 31-5.4; S.C. Code § 62-2-507). The rest of the will stays in place. That’s why a divorce is a good time to update it.
Your wills attorney in Charlotte, NC or Summerville, SC
North Carolina wills are prepared by Christine Hart at our Charlotte office. South Carolina wills are prepared by Justin Montgomery and Tiffany Lumpkin at our Summerville office. If you own property in both states, tell us at the start.
Here’s how it works. Your first meeting is paid. At the design meeting, you decide who receives what and who’s in charge. You read the draft before anything is signed. Then comes the signing ceremony, with two witnesses and a notary.
How much does a will cost in NC and SC?
A will is part of estate planning, which is a flat fee here. The fee depends on what your plan includes, such as whether you also need a trust or powers of attorney. It’s set out in a written fee or scope letter, so you know it before we start. Costs paid to others, such as court filing or recording fees, are additional to the fee and listed in the same letter.
Some firms post a price for a “simple will.” What matters more is what the fee covers. Ask whether it includes the self-proving affidavit, the signing ceremony, and a look at your deed and beneficiary forms. Our letter lists what yours includes.
Questions people ask about wills
Can you write your own will in NC without a lawyer?
Yes. North Carolina doesn’t require a lawyer. A will you write entirely by hand and sign is valid, and so is a typed will signed with two witnesses. The risk is in the details: a witness who shouldn’t sign, property the will doesn’t cover, or wording the court reads differently.
Does NC require wills to be notarized?
No. A typed North Carolina will needs two witnesses, not a notary. A notary comes in only for the optional self-proving affidavit.
What are the three conditions to make a will valid?
In both Carolinas, you must be an adult of sound mind. The will must be in writing and signed by you. Two witnesses must sign it, except for a North Carolina will written entirely in your own handwriting.
Does South Carolina recognize wills from other states?
Yes. South Carolina accepts a will that was valid where it was signed, or where you lived when you signed it or when you died (§ 62-2-505). It’s still worth a review after you move.
What makes a will invalid in South Carolina?
A South Carolina will fails if you didn’t sign it, or if fewer than two witnesses did. A will can also fail if you lacked sound mind when you signed it, or if someone pressured you into it. A later will or a deliberate act of destruction revokes it.
What property can’t be left in a will?
Anything that already passes by another document. That includes accounts with a named beneficiary, property owned jointly with right of survivorship, and property in a trust.
What is the biggest mistake with wills?
Not updating one. A will signed before a marriage, a divorce, a new child or a move can say things you no longer want. Beneficiary forms that don’t match the will cause the same trouble. So does an original nobody can find.
Do you have to file a will with the court in North Carolina?
Not while you’re alive. You can deposit your original with the Clerk of Superior Court for safekeeping if you choose (§ 31-11). After your death, the executor named in your will brings the original to the clerk to have it admitted to probate (§ 28A-2A-1). See probate in Mecklenburg County.
Book a first meeting
For a North Carolina will, meet Christine Hart at McDowell Street. For a South Carolina will, meet Justin Montgomery or Tiffany Lumpkin at Sigma Drive. Either can be by phone or video. Call 980-243-4470 or request a time online, and tell us which state your will is for.
You’ll see the fee in writing first, and you’ll read every draft before you sign.
A will can only be signed while you’re able to make your own decisions (N.C. Gen. Stat. § 31-1; S.C. Code § 62-2-501). That’s why we suggest planning before a health change, not after.
Planning more than a will? See estate planning for trusts, powers of attorney and the rest of a plan.
Want to hear from people who’ve worked with us? Read client reviews.
Responsible attorneys: Christine Hart (North Carolina), 122 N. McDowell Street, Charlotte, NC 28204. Justin Montgomery and Tiffany Lumpkin (South Carolina), 201 Sigma Drive, Suite 300, Summerville, SC 29486.