Sarah thought she was too young to worry about estate planning. At 35, with two young children and a modest home in Charlotte, she figured she had plenty of time to “get around to it.” Then her neighbor, just 42 years old, passed away unexpectedly without a will, leaving his family in legal chaos for months.
If you’re wondering whether you really need a will, the answer is almost certainly yes. Whether you live in North Carolina or South Carolina, having a properly executed will is one of the most important steps you can take to protect your family’s future.
What Happens When You Don’t Have a Will?
When someone dies without a will (called dying “intestate”), state law determines who inherits your property. In both North Carolina and South Carolina, this means your assets may not go where you intended.
In North Carolina, if you’re married with children, your spouse receives the first $60,000 plus half of the remaining estate, while your children split the rest. In South Carolina, your spouse gets half, and your children receive the other half. This might sound reasonable, but what if you wanted your spouse to inherit everything, especially if your children are minors?
Without a will, you also can’t name guardians for your minor children. The court will decide who raises them, and it might not be the person you would have chosen.
Legal Requirements: What Makes a Will Valid?
The good news is that creating a valid will isn’t complicated, but you must follow your state’s specific requirements.
North Carolina Will Requirements
Under North Carolina General Statutes Chapter 31, your will must be:
– In writing (typed or handwritten)
– Signed by you or someone acting on your behalf in your presence
– Witnessed by two competent people who sign in your presence
North Carolina also recognizes holographic (entirely handwritten) wills that don’t require witnesses, but these can be risky and harder to prove in court.
South Carolina Will Requirements
South Carolina follows similar rules under Title 62 of the Probate Code:
– Must be in writing
– Signed by you or someone in your presence at your direction
– Witnessed by at least two people
Unlike North Carolina, South Carolina doesn’t recognize handwritten wills unless they meet the formal execution requirements.
Common Will Mistakes That Can Cost Your Family
Many people make critical errors that can invalidate their will or create family conflicts:
Using outdated forms or DIY kits that don’t comply with current state law can render your will invalid. Laws change, and what worked five years ago might not work today.
Failing to update after major life events like marriage, divorce, or having children can leave your will misaligned with your current wishes. In both states, divorce automatically revokes provisions for former spouses, but you should update your will to reflect your new intentions.
Improper witness selection is another common problem. In both North Carolina and South Carolina, witnesses generally shouldn’t be beneficiaries under your will, as this can create conflicts of interest.
Beyond the Basics: What Your Will Should Include
A comprehensive will does more than just distribute property. Consider including:
– Guardian nominations for minor children
– Specific bequests for sentimental items
– Alternate beneficiaries in case your first choices predecease you
– Instructions for digital assets like social media accounts and online banking
Making Your Will Self-Proving
Both North Carolina and South Carolina allow “self-proving” wills, which include notarized affidavits from you and your witnesses. This simple addition can save your family time and money during probate by eliminating the need to track down witnesses later.
Take Action Today
Don’t wait for the “perfect time” to create your will. Life is unpredictable, and your family deserves the security that comes with proper planning. While this information provides a helpful overview, estate planning laws are complex and change frequently.
Consider consulting with an experienced estate planning attorney who understands both North Carolina and South Carolina law. They can help ensure your will meets all legal requirements and truly reflects your wishes for your family’s future.
Remember, the best will is the one you actually have. Start the conversation with your family today, and take the first step toward protecting what matters most.