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Can I Handwrite a Will?

Yes, you can. In North Carolina, handwritten wills (“holographic will” is the legal term for it) are valid and enforceable as long as three (3) people can verify the signature and handwriting of the Testator (the person writing and signing the will) after the death occurs. The main problem with handwritten wills is that there is almost always something left out because most people simply don’t know what needs to be included in a will to make sure everything is accounted for. Those gaps in the will are filled by the State’s law of intestacy (default rules for estates in the absence of a will or a provision within a will). For example, if your handwritten will sets out what you want to have happen with your house and bank account, but doesn’t speak to any other property, the state’s rules will apply for all of the unaccounted for property, which is likely not what you intended to happen in creating a will.

Author Bio

Paul Yokabitus

Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.

Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.

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