For many years, North Carolina has recognized two types of Wills for probate: attested written Wills (the standard typed with witnesses) and handwritten Wills. Beginning January 1, 2026, North Carolina adds a new option — the electronically stored Will. This is welcome news for families across the state!
Why This Change Matters
Under prior law, the original signed Will had to be presented to the court. If a family could only find a copy — or worse, could not find the Will at all — the probate process became more complicated, expensive, and time-consuming. In some cases, the law even presumed that a missing original had been revoked. This created stress and uncertainty for already grieving family members during a difficult transition.
The new law helps solve that problem. If the original Will cannot be located (and it was not intentionally destroyed by the person who made it), a properly stored electronic copy can now be used for probate — provided certain requirements were followed.
How It Works
The Will must still meet all the traditional requirements of a valid North Carolina attested written Will. Nothing changes about how the Will is signed and witnessed.
However, to qualify as an electronically stored will:
- The drafting attorney must create an electronic record of the signed Will.
- The attorney must complete an affidavit confirming:
- The electronic version is a true, complete, and accurate copy of the signed Will.
- The testator authorized the attorney to create the electronic record.
- The testator understands that once the Will is electronically stored in this way, it cannot be revoked simply by physically destroying the paper original.
Upon passing of the testator, the North Carolina statute outlines the specific steps required to present the electronic copy to the court for probate.
A Practical Step Forward
This change modernizes North Carolina probate law and reduces the risk that a lost original Will derails a person’s carefully crafted estate plan. This new law offers families added protection and peace of mind. If you have questions about whether an electronically stored will makes sense for your estate plan, now is a good time to speak with your estate planning attorney.
If you or somebody you know is in need of estate planning tools, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
