Rights of Minor Children in Holographic Wills, North Carolina

by Mary Jane Freeman Google
In North Carolina, you may draft your will entirely by hand.

In North Carolina, you may draft your will entirely by hand.

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North Carolina, like a few other states, recognizes holographic wills. These are wills written entirely by hand by the person creating the will, known as the testator. So long as the will is valid under state law, the testator name a guardian for his minor children, name them as beneficiaries, and describe how their assets are to be managed until the children reach suitable age.

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A Valid Holographic Will May Address Minor Children

For a handwritten will to be valid in North Carolina, it must be written entirely in the handwriting of the testator, signed by the testator and retrieved after the testator's death from the testator's personal effects, safe deposit box or custody of a trusted person who kept it for safekeeping. Once the holographic will is upheld as valid by the probate court, the designated executor may begin carrying out its terms. In North Carolina, a testator can use his will to designate a guardian for his minor children, as well as any alternates. This will help the court determine the person who will have custody of the children upon the testator's death, which will be based on the children's best interests. Like other wills, the holographic will can also describe how any assets the children inherit are to be managed until they turn 18.