Charlotte, NC asked in Probate and Estate Planning for North Carolina

Q: Steps to address a non-self-proving will in NC if originally created elsewhere.

I am trying to understand the process of dealing with a deceased's will that was created in another state. Specifically, North Carolina requires a self-proving will, but I am unsure how to address this since the will was not originally created in North Carolina. What steps should I take to ensure the will is recognized correctly in the probate process?

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James L. Arrasmith
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Answered

A: You’re asking a very important and common question, especially when someone passes away in one state but created their will in another. In North Carolina, a will doesn’t have to be self-proving to be valid, but if it’s not, the probate court will usually require extra steps to verify its authenticity. A self-proving will includes notarized affidavits from the testator and witnesses, making it easier to admit into probate without additional testimony.

Since the will in your case was created outside North Carolina and isn’t self-proving, you’ll likely need to locate the witnesses who signed it. The court may ask for sworn affidavits from those witnesses, or it might require them to appear in person to confirm the validity of the will. If the witnesses can’t be located or have passed away, the court will consider other evidence—like handwriting verification or testimony from people familiar with the will’s execution.

Start by submitting the will to the Clerk of Superior Court in the county where the deceased lived at the time of death. Be prepared to fill out probate forms and explain the situation, especially that the will was created in another state. It can take some patience and follow-up, but North Carolina courts generally honor out-of-state wills as long as they were valid where originally signed. You’re doing the right thing by getting informed before diving in—it will help everything move more smoothly.

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