October 13, 2008
Is residency a requirement to a valid North Carolina Last Will and Testament?
I recently received a call from a woman who was not a resident of North Carolina. She lived, worked and had assets in another state. The only connection to (asset in) North Carolina was a second home being rented to a family member. Her intent was to move to North Carolina within the next two years. I was asked if I would prepare a Last Will and Testament.
Although North Carolina does not require residency in North Carolina to prepare a Last Will and Testament, I advised her to have her Estate Plan prepared by an attorney in her current state of residence. Below I have listed a few reasons why I turned business away!
1. I am not licensed nor familiar in any way with the drafting requirements in her current state of residency. If I was to prepare the Last Will and Testament, I would need to be certain that it was properly drafted to probate the estate in her current state of residency. This would require research and contact with the State Bar where she currently lives which would have potentially not been cost effective for her.
2. The only connection to (asset in) North Carolina was a home. This being the case, probate would be filed in her current state of residency. Then there would be an Ancillary Probate filed in North Carolina to pass on the home. This is a quicker and some what simpler type of Probate.
3. North Carolina has specific requirements on the procedures that must be followed by the witnesses when witnessing a Last Will and Testament. In addition, there are rules that a Notary has to follow. I did not feel comfortable drafting a Last Will and Testament and then sending it off to be signed, witnessed and notarized without my supervision.
This was my recommendation based on the specific situation of this particular client. When a client seeks my advice, I evaluate that client’s particular situation on an individual basis. I may counsel another client differently based on the particular situation.
 | Free Legacy Planning KitYou are owed the peace of mind knowing that the decisions you make today are the best decisions for your family’s tomorrow.Download Your Free Legacy Planning Kit . |
Liked this article? Subscribe to the RSS feed
Visitors who read this post also read:
- Why Residenty in North Carolina Should be Required to have a North Carolina Last Will and Testament
- The Other Side of Having a Last Will and Testament in North Carolina
- 5 Requirements on How to Create a Valid Written Will in North Carolina
- North Carolina Probate “Nuggets”
- Initial Documents Required to File a Probate in North Carolina