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Must I have a will in North Carolina?

On Behalf of | Mar 11, 2020 | Firm News

A will in North Carolina can do more than protect your property and family. It allows you to choose who to leave your property to if your children are still minors and even select a guardian to look after your kids. It also allows you to name a guardian that will carry out your instructions to the letter. 

But what happens when you die without leaving a will behind? Your property will become subject to the North Carolina intestacy laws. According to the regulations, your property will transfer to your next of kin. Typically, your spouse and children will be the first to receive part of your estate. 

If you do not have either children or a spouse, the list of recipients extends to your more distant relatives that comprises of your parents, siblings and others. When there is no one to inherit your property, the court takes charge of everything you own. 

When creating a will, it is best if you get the help of an attorney that is proficient in such matters. They will come in handy, especially if someone tries to contest your will or seeks to disinherit your inheritor. For your will to be functional in North Carolina, you will need to meet a list of requirements, with which your attorney will be familiar. Your attorney will also know how to make your will “self-proving.” A self-proving will is beneficial to a probate process as it can help speed up the process.