North Carolina Will Instructions

North Carolina Last Will and Testament Form

LAST WILL AND TESTAMENT OF

I, , of County, North Carolina, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I was married to , now deceased, and have the following adult children from said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses: I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses and all just debts that may be probated, registered and allowed against my estate.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my child(ren), .

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my child(ren), .

ARTICLE SIX

Appointment of Personal Representative, Executor or Executrix

I hereby appoint as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, or fail to qualify or cease to act, then I hereby appoint to serve as successor Personal Representative.

ARTICLE SEVEN

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without bond, and I waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE EIGHT

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my estate, without the necessity of Court approval.

ARTICLE NINE

Construction Intentions

It is my intent that this Will be interpreted according to the following provisions:

1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa.

2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.

3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative, the remaining parts shall remain effective.

ARTICLE TEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of North Carolina.

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate.

I desire to be buried in the cemetery in County, .

Signed if Selected:

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, , having signed this Will in the presence of and , who attested it at my request on this the day of , 20 at , declare this to be my Last Will and Testament.

Witness Attestation

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence.

Witness 1 Name: Address: City, State, Zip: Phone:

Witness 2 Name: Address: City, State, Zip: Phone:

North Carolina Self Proving Affidavit

I, , the testator/testatrix, sign my name to this instrument this day of , 20 , and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will and that I sign it willingly.

THE STATE OF NORTH CAROLINA
COUNTY OF

Subscribed, sworn to and acknowledged before me by and subscribed and sworn to before me by and , witnesses, this day of , 20.