Estate Planning
Wills Attorney in Wilmington, NC
A properly drafted last will and testament is the foundation of every estate plan. Ensure your assets go where you intend and name guardians for your children.
What Is a Last Will and Testament?
A last will and testament is a legal document that expresses your wishes regarding the distribution of your property and the care of any minor children after your death. Without a will, North Carolina's intestacy laws determine who inherits your assets — which may not align with your intentions.
What a Will Can Do
- Direct who receives your assets and in what proportions
- Name a guardian for your minor children
- Designate an executor to manage your estate through probate
- Establish trusts for minor or special-needs beneficiaries
- Specify your wishes for personal property, sentimental items, and charitable gifts
- Minimize family disputes by clearly documenting your intentions
What a Will Cannot Do
It is equally important to understand the limitations of a will. A will does not control assets that pass by beneficiary designation (such as life insurance, IRAs, and 401(k)s) or jointly titled property. A comprehensive estate plan addresses these assets alongside your will.
Will vs. Revocable Living Trust
Many clients ask whether they need a will, a trust, or both. The right answer depends on your assets, family situation, and goals. A will is essential for naming guardians and directing assets that don't have beneficiary designations. A revocable living trust can complement a will by allowing certain assets to pass without probate. David will help you determine the right structure for your situation.
Frequently Asked Questions
Does a will avoid probate in North Carolina?
No. A will must go through the North Carolina probate process. However, a properly drafted will makes probate significantly more efficient and ensures your wishes are followed. For probate avoidance, a revocable living trust is the primary alternative.
What makes a will valid in North Carolina?
A valid North Carolina will must be in writing, signed by the testator (or by another person in the testator's presence and at their direction), and witnessed by at least two competent witnesses who sign in the testator's presence.
Can I write my own will in North Carolina?
North Carolina does recognize holographic (handwritten) wills in limited circumstances, but they carry significant risks and are more easily challenged. A professionally drafted will provides far greater protection and clarity.
What happens if I die without a will in North Carolina?
Your estate passes under North Carolina's intestacy laws, which may not reflect your wishes. The court appoints an administrator, and your assets are distributed according to a fixed statutory formula — regardless of your intentions.
Schedule a Consultation
Call us at 910-509-7287 or fill out the form below.
Ready to Draft Your Will?
Contact David E. Anderson PLLC to schedule a consultation. We serve Wilmington and all of coastal North Carolina.
9111 Market St, Suite A, Wilmington, NC 28411
Mon–Thu 9 AM–5 PM · Fri 9 AM–12 PM