When it comes to planning for the future, few things are as important as creating a will. Yet, many people put off this essential task, often because they believe it’s something they can handle on their own or that it’s not necessary until later in life. The truth is, having a properly drafted will is crucial for anyone who wants to ensure that their assets are distributed according to their wishes and that their loved ones are taken care of when they are no longer around.
Why Do You Need a Will?
The primary reason to have a will is to dictate how your estate is distributed upon your death. Without a will, the state determines how your assets are divided, which might not align with your wishes. This process, known as intestate succession, can lead to outcomes you wouldn’t want, such as certain family members receiving more or less than you intended, or the state making decisions about the care of your minor children.
By creating a will, you take control of these decisions, ensuring that your estate is handled in the way you see fit. It also helps prevent potential disputes among family members, as your wishes are clearly documented.
Can You Draft Your Own Will?
It’s a common question: “Can I draft my own will?” The short answer is yes, there are plenty of do-it-yourself kits available that can guide you through the process. However, just because you can draft your own will doesn’t mean you should.
Think of it this way: you could perform your own dental surgery if you were so inclined, but would you really want to? The same principle applies to drafting a will. Your estate is one of the most important aspects of your life, so why trust it to a template from an office supply store? A professionally drafted will ensures that all legal requirements are met and that your estate is protected from potential challenges.
Legal Requirements for Wills in North Carolina
In North Carolina, the person who creates a will is known as the testator, and they must meet certain requirements for the will to be valid. The testator must be at least 18 years old and of sound mind, meaning they fully understand what they are doing when drafting the will.
Additionally, the will must be signed by at least two witnesses, who cannot be beneficiaries of the estate. While an oral will is technically possible, it’s not advisable. Proving an oral will in probate court can be extremely difficult, and it’s far more reliable to have a written document.
North Carolina also offers a self-proving affidavit option, where a notary public confirms that they witnessed both the testator and the witnesses signing the will. This can help streamline the probate process, making it easier for your estate to be settled without unnecessary delays.
Safekeeping Your Will
Once your will is drafted, it’s important to store it securely. A common mistake is relying on copies of the will, which can lead to problems down the line if the original cannot be found. To avoid this, keep your will and other important estate documents in a fireproof safe or a safe deposit box. You also have the option of filing your will with the clerk’s office for safekeeping.
It’s equally important to inform the executor of your estate about the location of these documents. The executor is the person you appoint to carry out the terms of your will, and they need to know exactly where to find everything to ensure your wishes are followed.
Get Professional Help
Estate planning is not something to take lightly, and having a professional guide you through the process can provide peace of mind. Whether you need a will, a healthcare power of attorney, a living will, or a trust, consulting with an experienced attorney can make all the difference in ensuring your estate is properly managed and your loved ones are cared for.
If you’re in Southport or Graham, North Carolina, and need assistance with estate planning, reach out to Julian Doby. Our team is here to help you protect your legacy and provide for your family’s future. Contact us today at (910) 380-0294 in Southport or (336) 221-8900 in Graham to schedule a consultation.
Remember, it’s never too early to start planning for the future. Let us help you secure your peace of mind with a professionally drafted will.