What is a will?

A will is a legal document that states how a person’s assets should be distributed after they pass away. In North Carolina, a will must be signed by the person making the will (known as the “testator”), and witnessed by two other people. The will must also be in writing, which means it cannot be made orally. The will must clearly state the testator’s wishes regarding the distribution of their assets, such as real estate, money, personal belongings, and investments. It can also include provisions such as who will be the executor of the will, who will be the legal guardian for any minor children, and how any debts and taxes will be paid. A will does not go into effect until after the death of the testator. Even if the testator becomes incapacitated or if they move out of state, a will is still valid. After the testator’s death, the will must be probated in order for the assets to be distributed according to the testator’s wishes. Probate is the process of having the will validated by the court and the assets distributed according to the testator’s wishes. In North Carolina, if a person passes away without a valid will, their assets may be distributed according to the state’s laws of intestacy. Intestacy is when someone dies without a will, and in such cases, the assets are distributed according to a state statute.

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