North Carolina Codicils: Must Be Signed in North Carolina

Statutory Requirement

Yes. Under N.C. Gen. Stat. § 31-21.2, a codicil (amendment to a will) must be executed with the same formalities as a will:

1. Signed by the testator (or in their presence by their direction).
2. In the presence of two competent witnesses.
3. Witnesses sign in the testator's presence and in each other's presence.

Critical Nuance: "In North Carolina"

The statute requires the execution to occur physically within the state. A North Carolina resident signing a codicil while temporarily in another state risks invalidity under NC law, even if valid where signed. NC courts apply lex loci actus (law of the place of execution) for formal validity, but the statute's territorial language ("in this State") creates ambiguity.

Best Practice

• Execute codicils in North Carolina whenever possible.
• If unavoidable (e.g., hospitalized out-of-state), consult an NC estate attorney—consider a new will executed locally under that state's law, or seek court validation later.
• Remote notarization (authorized 2020) still requires physical presence in NC.

Self-Proving Affidavit

Include a notarized self-proving affidavit (N.C. Gen. Stat. § 31-11.6) to avoid witness testimony at probate.

When in doubt, sign in North Carolina. The cost of a plane ticket is trivial vs. a will contest.