There are several criteria that the Clerk of Court will look at to determine the Will’s validity.įirst and foremost, is it signed? The signature page of the Will is usually either the last or next-to-last page. The Will is submitted to the county of residence of the Decedent, and it is the responsibility of the county Clerk of Court to determine whether the Will is valid. When opening an Estate in North Carolina, one of the very first stages is proving the Will. For the remainder of this section, we will focus on the traditional Attested Will and will refer to it simply as the Will. Due to the burdensome additional steps involved and uncertainty of whether the Holographic Will or Nuncupative Will will be accepted and properly interpreted, both Holographic Wills and Nuncupative Wills are rare used. The North Carolina General Statutes provide separate very specific procedures for Holographic Wills and Nuncupative Wills. Nuncupative Will: This is an oral “death bed” Will dictated before two witnesses that were specifically requested to bear witness.The entire document must be in the Testator’s handwriting and it must be signed by the Testator. Holographic Will: This is a handwritten Will.It is a written document signed by the Testator and at least two witnesses. Attested Will: This is the most common form of Will.In North Carolina, there are three valid forms of Will that may be accepted by the Court: Let’s go step by step through the process of reviewing a Will for the first time. However, beneficiaries will have access to a copy of the Will once the Estate has been opened. ![]() Unlike how it might be portrayed by Hollywood, there is no formal “reading of the Will” meeting. If you have been able to find a Will for the Decedent, it will play a major role in the Probate process. The accompanying Will is often a “Pour-Over Will” designed to put any Probated assets into the Trust, so that there is only one set of instructions for how to distribute the assets. Note that if the Decedent had a Living Trust, there may not be much to the Will, as the Trust will determine how assets of the Trust are distributed. ![]()
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