Creating a will is one of the most important steps you can take to protect your loved ones. But what many people don’t realize is that a will is only as good as its execution. If your will is not properly signed, witnessed, and notarized, it could be declared invalid even if your intentions were crystal clear.
In this post, we’ll explain why these steps matter, how to do it correctly in North Carolina, and how to avoid common (and costly) mistakes.
Why Does a Will Need to Be Witnessed and Notarized?
A will is a legal document and like all legal documents, it must meet specific requirements to be valid. In North Carolina, that includes proper execution.
✔️ Two Witnesses
Your will must be signed in the presence of two competent adult witnesses, and they must also sign the will in your presence.
✔️ A Notary
While notarization isn’t strictly required to make a will valid in North Carolina, it makes your will “self-proving.” That means the probate court can accept it without requiring the witnesses to testify after your death saving your family time, stress, and money.
Common Mistakes That Can Invalidate Your Will
It may surprise you to learn that even attorneys can get this wrong. We’ve seen valid-looking wills rejected in probate court because they were missing a critical step. Here are a few common pitfalls:
🔴 The will was signed but not witnessed
🔴 Witnesses signed at different times or weren’t present at signing
🔴 The notary was missing or notarized after the fact
🔴 Using online will templates without legal guidance
Bottom line
If it’s not executed properly, your will could be tossed out, and your assets may be distributed based on state law not your wishes.
What Could Go Wrong?
Let’s say Sarah creates a will leaving her home to her daughter and her savings to her son. She prints and signs the will herself at home, but doesn’t get it witnessed or notarized. When she passes, her children find the document but the court refuses to honor it because it doesn’t meet North Carolina’s legal requirements.
Now, her assets must go through intestate succession, where the state determines how her property is divided regardless of her original intentions.
How to Do It Right the First Time
If you’re creating a will and you’re of sound mind (have legal capacity) and not in an emergency situation, here’s what you should do:
- Draft your will with professional guidance
- Sign your will in front of two witnesses
- Have your will notarized to make it self-proving
- Store it in a safe but accessible location
It’s worth investing the time, effort, and small legal cost to ensure your wishes are honored and your family is spared from court delays, confusion, or disputes.
Planning Today Brings Peace Tomorrow
You don’t create a will for yourself you create it for the people you love. A legally sound will provides comfort, clarity, and peace of mind during one of life’s most difficult times.
If you’ve been putting off this essential task, now is the time. Tomorrow isn’t promised. Let’s make sure your legacy is protected.
Ready to Create or Review Your Will?
At Sabrina Winters Law, PLLC, we help individuals and families throughout North Carolina with wills, trusts, and estate planning that hold up in court and honor your wishes.
📞 Schedule a free consultation today — and let’s make sure your plan is done right.