Will Requirements

• North Carolina's laws governing wills are very similar to many other states. Everyone who wants to make a will in North Carolina must be at least 18 years old and of sound mind. A person who is of sound mind is one who can make his own decisions and who has not been judged legally incompetent. The person making the will, called the testator, must sign the will in front of two competent adult witnesses who must then also sign and attest to witnessing the testator's signature or confirmation that the will is his.
  
  

Oral Wills

• North Carolina is one of a few states that allow for the use of oral wills, referred to in the North Carolina statutes as nuncapative wills. Section 31-3.5 of the North Carolina statutes states that a person can use an oral will only if he is in his "last sickness" or if he is "in imminent peril of death." The testator can then make an oral will as long as there are two competent witnesses present simultaneously at the time he makes it and specifically asked to act as witnesses to the oral will.
  
  

Holographic Will

• North Carolina also allows citizens to create a holographic, or handwritten, will. Unlike other wills, a testator creating a holographic will does not have to get the document witnessed by two competent adults. All that is required for a holographic will is that the testator is at least 18, of sound mind and writes the entire will in his own handwriting. The testator must also sign the will himself in his own handwriting.
  
  

Living Will

• The state of North Carolina also allows people to create a living will, another specific kind of legal document that is very different from a last will and testament. Living wills have nothing to do with transferring property after you die. These document express your wishes about what kind of health care treatments you desire when you're too sick to talk, which is why they are called "living" wills. Like wills, living wills must be made in writing, signed and witnessed by two people. The document must also be dated and notarized and must comply with or meet the standards used in the form found in Section 90-321(a).