Legal Question in Wills and Trusts in North Carolina

My father passed away in NC after living in FL and previously MD. His attorney prepared will in 2004 was done in MD and he added 2 codicils with his estate attorney in FL in 2009. He moved to a NC nursing home in 2012. The NC court person has just told me that his will is not valid as it doesn't comply with NC self proving laws (the MD estate attorney and staff were the witnesses but no notary) but the FL codicils were notarized. I thought all states validated other state prepared wills as long as they followed correct proceedure at the time?


Asked on 4/10/12, 10:07 am

1 Answer from Attorneys
Cheryl David Law Offices of Cheryl David

Most of the time we are able to get a will from another state accepted in NC, if we can prove that it complied with the laws in the state where it was created. This is called an ancillary administration. While it is much easier to die with a will in the state you last resided, it is not imperative.

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Answered on 4/10/12, 10:15 am


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