Special Types of Wills in North Carolina

When most people think about creating a will, they picture a formal, typed document signed in front of witnesses and notarized according to state law. In North Carolina, however, the law also recognizes certain “special” types of wills that fall outside of the traditional format. These include holographic, handwritten wills, and nuncupative, oral wills, both of which are valid only under strict statutory requirements.

While these alternatives may seem convenient in emergencies or unique circumstances, they come with significant legal risks. Understanding how these special types of wills work and their limitations is essential to ensuring your final wishes are honored and your loved ones are protected from unnecessary disputes.

Holographic Wills - Handwritten Wills

North Carolina recognizes holographic wills, but they are subject to strict requirements:

• The will must be entirely handwritten by the testator

• It must be signed by the testator

• The will must be found in a secure place, such as a safe, deposit box, or with a trusted custodian

• The handwriting must be authenticated in court by three witnesses familiar with the testator’s handwriting

Though this type of will is legally valid without witnesses at the time of signing, holographic wills carry a higher risk of being challenged in probate proceedings. Disputes over authenticity or interpretation often result in increased legal costs and delays.

Nuncupative Wills - Oral Wills

Nuncupative wills are verbal declarations made by a person expressing their wishes for their estate. In NC, these wills are valid only in very limited situations: when they are

• Made during final illnesses or imminent peril

• Declared before multiple witnesses

• Reduced to writing quickly after being spoken

• Submitted within a strict statutory time period

Nuncupative wills are often subject to value limitations and are heavily scrutinized by courts, making them uncommon and unreliable for most estate planning purposes.

Holographic and nuncupative wills offer limited flexibility under NC law, but they are not substitutes for a properly drafted estate plan. Because they are subject to strict requirements and heightened court scrutiny, these types of wills are far more likely to e challenged during probate, potentially leading to delays, added expense, and family conflict.

For most individuals, a formally executed written will remains the safest and most reliable way to protect your assets and provide clarity for your loved ones. If you are considering creating or updating your will, consulting with an experienced estate planning attorney can help ensure your wishes are legally sound and fully enforceable.