You carefully prepare your estate plan, sign your Will, and put the original somewhere “safe.” Years later, will your family know where to find it?
Beginning January 1, 2026, North Carolina law provides a new option designed to address that very problem. Under N.C. Gen. Stat. §§ 31-71 through 31-73, a North Carolina-licensed attorney may, at the client’s direction, create and preserve an electronic record of an attested written Will. The law applies to qualifying Wills stored electronically on or after January 1, 2026 – even if the Will itself was signed before that date.
Why does Electronic Will Storage Matter?
Traditionally, the original signed Will has been extremely important in North Carolina probate. That can create problems when a Will was properly executed but, years later, the original cannot be located.
People move. Safe-deposit boxes are closed. Important papers are misplaced. Attorneys retire or law firms change. Sometimes family members simply do not know where a loved one kept the original Will.
North Carolina’s new law provides another layer of protection.
At the client’s direction, a North Carolina-licensed attorney can create an electronic record of an attested written Will. The attorney must sign a sworn or affirmed affidavit certifying that the electronic record is a complete, true, and accurate copy; that the testator expressly authorized it’s creation; and that the testator was advised that electronic storage eliminates the ability to revoke that Will by physical act.
Once those requirements have been satisfied, something very important changes: if the orginal Will is later lost or destroyed, that loss or destruction does not itself revoke the Will or create a presumption that the client intended to revoke it.
Can an Electronically Stored Will Actually Be Probated?
Yes- if the statutory requirements are met.
The new law allows a North Carolina attorney to create a certified paper copy from a properly stored electronic record. The attorney certifies by affidavit that the paper copy is a complete, true and accurate copy of the electronic record. That certified paper copy may then be offered for probate under North Carolina Law.
This is much more significant than simply scanning your Will and saving a PDF on your computer.
A personal scan or photograph of a Will does not automatically receive the protections provided by the new statute. The statutory process requires the involvement and certification of a North Carolina- licensed attorney and compliance with the requirements of Article 11 of Chapter 31.
It is important to note that the properly stored electronic copy does not eliminate the need to establish that the underlying Will was duly executed and otherwise valid. Having an attorney assist you with this process is crucial.
Does This Mean North Carolina Now Has Fully Electronic Wills?
Not exactly.
The new law discussed here primarily addressed the electronic storage of an attested written Will. In other words, the Will is still properly executed as a written Will, and a qualifying electronic record is then created and preserved pursuant to the statute.
That distinction is important. Electronic storage should not be confused with simply typing a Will on a computer, electronically signing a document on your own, or keeping an ordinary scanned copy in cloud storage.
There is One Important Tradeoff
Client should also understand an important consequence of choosing electronic storage.
Before creating the electronic record, the attorney must advise the client that doing so eliminates the client’s ability to revoke the Will by physical act.
That makes it particularly important to contact your estate-planning attorney if you later decide that your Will no longer reflects your wishes. Rather than destroying your copy and assuming the Will has been revoked, you should work with your attorney to properly update or revoke your estate-planning documents.
Estate Planning Is About More Than Signing Documents
North Carolina’s new electronic-storage law is a useful reminder that a good estate plan is not finished simply because the documents have been signed.
Your family also needs to be able to locate and use those documents when the time comes.
Proper electronic preservation can provide an additional safeguard against a carefully prepared Will being lost, accidentally destroyed, or simply forgotten decades after it was signed.
Work With King Law’s Estate Team
If you already have a North Carolina Will – or if it has been several years since your estate plan was reviewed – this is a good opportunity to speak with an estate-planning attorney about whether electronic Will storage is appropriate for your and whether the rest of your estate plan still accomplishes your goals.
We can help you prepare you estate plan and ensure it can be found years later. Call us 24/7 at (888) 748-KING, or contact King Law today to schedule your consultation online or at one of our offices.
The information contained in this article is provided for general informational purposes only and should not be construed as legal advice. Laws, statutes, regulations, and legal interpretations may change over time and can vary by jurisdiction. The information presented in this article is accurate to the best of our knowledge as of October 2026. Readers should verify current legal requirements and consult a qualified attorney regarding their specific circumstances before making any legal decisions or taking action based on the information provided.
