North Carolina Will Instructions

North Carolina Last Will and Testament Form

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

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 children from a said marriage:

Name: Date of Birth:

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. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts.

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:

Name Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

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), . If I have more than one child, they are to receive the property equally, per stirpes.

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), . If I have more than one child, they are to receive the property equally, per stirpes.

ARTICLE SIX

Property To Vest In Trustee for Minor Beneficiary

In the event that any of my children are minors under the age of years of age, then I direct that my Personal Representative shall transfer, assign and deliver over to my Trustee, named below, such minor beneficiary's share of my estate and the objects of property described herein.

A. The Trustee shall hold and administer the assets of the Trust for the use and benefit of the Beneficiaries for the purpose of providing for their health, education and general welfare in accordance with their accustomed standard of living as much as is possible, considering the value of the Trust property and their other sources of income.

B. The Trustee may, in his or her discretion, distribute to or for the benefit of the named Beneficiaries, such portions of the income and principal of the Trust as he or she in his or her sole discretion shall determine to be necessary to accomplish the purposes of this Trust.

C. As each Beneficiary herein reaches the age of years, the Trustee shall distribute to said beneficiary his or her share of the trust principal and income as of the distribution date.

When the youngest Beneficiary reaches the age of years, the Trustee shall distribute all of the remaining Trust property including principal and accumulated income to the Beneficiary and this Trust shall terminate.

D. In the event of the death of any of the above named Beneficiary prior to the final date of distribution, and said deceased Beneficiary shall leave living issue, the Trustee shall hold only that portion of the Trust property attributable to said deceased Beneficiary beyond the distribution dates as provided in Subparagraph C above, and administer said Trust property for the use and benefit of said living issue.

When said youngest living issue reaches the age of years, the Trust as to said living issue shall terminate and the Trustee shall distribute all of the remaining Trust property in equal shares to said living issue.

E. Personal and real property may be maintained for my Beneficiaries or converted to cash as my Trustee shall determine.

ARTICLE SEVEN

Creditors of Beneficiaries

Neither the principal nor the income of any Trust provision contained in this Will nor any part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject to seizure by any Creditor of any Beneficiary.

ARTICLE EIGHT

Appointment of Trustee

I appoint , or if the appointee fails to qualify or ceases to act, I appoint , as Trustee of the Trust provisions of this Will.

ARTICLE NINE

Appointment of Guardian

In the event that a guardian is necessary for any of my children that may be minors under the age of years, then on the date of my death, I appoint , as Guardian of said minor children.

ARTICLE TEN

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, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint to serve as successor Personal Representative of my estate and Will.

ARTICLE ELEVEN

Waiver of Bond, Inventory, Accounting, Reporting and Approval

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

ARTICLE TWELVE

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.

1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of North Carolina.

2. To compromise claims and to abandon property which, in my Executor’s opinion is of little or no value.

3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed, as my Personal Representative may deem advisable.

4. To settle, adjust, dissolve, windup or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death.

5. To lease, sell, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representative, all without court approval.

6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions as my Personal Representative may deem advisable.

7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on behalf of the estate or any trust hereunder.

8. Unless otherwise specifically provided, to make distributions in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property.

9. To determine what is principal and what is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper.

10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder.

11. To perform such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including claims relating to estate or income taxes, and to agree to rescind or modify any contract or agreement.

13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine, and to give such security therefore as my Personal Representative may determine.

ARTICLE THIRTEEN

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; the singular shall be deemed to include the plural, 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 for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative.

ARTICLE FOURTEEN

Misc. Provisions

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

(I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will)

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. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

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

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

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 that I sign and execute this instrument as my last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

We , and , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator/testatrix signs and executes this instrument as his/her last Will and that he/she signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix, hereby signs this Will as witness to the testator's/testatrix’s signing, and to the best of our knowledge the testator/testatrix is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

THE STATE OF NORTH CAROLINA

COUNTY OF

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

(SEAL)

_____________________________

NOTARY PUBLIC