Can you create an electronic or online will in North Carolina?

No. North Carolina does not authorize a will that is created, signed, and witnessed entirely by electronic means. A valid will must be a written will signed by the testator and attested by at least two competent witnesses in person.

What did North Carolina's 2026 electronic wills law change?

Effective January 1, 2026, under Session Law 2025-33, a North Carolina licensed attorney can store a person's signed paper will as an electronic record. Only a certified paper copy of that record is offered for probate, not the electronic file itself.

Why store a will electronically in North Carolina?

Electronic storage protects against a lost or destroyed will. Normally, if an original will cannot be found, the law presumes it was revoked. A will stored as an electronic record is not subject to that presumption, though other disputes are still possible. The tradeoff is that physically destroying the paper may no longer revoke the will, so signing a new will becomes the reliable way to make changes.

Can a handwritten will be stored electronically in North Carolina?

No. The electronic storage law applies only to attested written wills, which are typed or printed wills signed by the testator and two witnesses. Holographic wills, written entirely in the testator's handwriting with no witnesses, are not eligible.

Electronic Wills in North Carolina: What the 2026 Law Does

Key takeaways

North Carolina does not allow you to create a will online or with electronic signatures. A new law effective January 1, 2026, lets a North Carolina attorney store your signed paper will as an electronic record, which protects it from being lost and from the presumption that a missing will was revoked. Only a certified paper copy is filed for probate. The Walls Law Group helps Wake County families use it safely.

You may have heard that North Carolina now allows electronic wills, and you might be picturing signing your will online from your couch. So let me clear that up right away: North Carolina still does not let you create a will electronically. What changed on January 1, 2026, is narrower, and in my view more useful, than the headlines suggest. Below I will walk you through what the new law actually does, and what it does not.

Can you create a will online in North Carolina?

No. As of 2026, North Carolina still does not authorize a will that is signed, witnessed, and created entirely by electronic means. To make a valid will here, you still follow the traditional formalities: you sign a written will, and at least two competent witnesses sign it in your presence. And quite candidly, this is one of the most misunderstood law changes I have seen, because the headlines made it sound like you can now do your will on a website. You cannot. A will created online, with no paper original and no in-person witnesses, is not valid under North Carolina law.

What does the new 2026 electronic wills law actually do?

The new law, part of Session Law 2025-33, lets you protect a will you already made. Starting January 1, 2026, you can direct a North Carolina licensed attorney to create an electronic record, such as a secure digital copy, of your signed paper will. The attorney attaches a sworn affidavit confirming the electronic copy is complete and accurate. Your will still has to be a valid, witnessed paper will first. The electronic version is a safeguarded copy, not a replacement for signing.

Why store your will electronically? The lost will problem

Here is the real benefit, and it is a bigger deal than it sounds. When an original paper will cannot be found after death, North Carolina law presumes the person destroyed it on purpose to revoke it. That presumption can be hard to overcome, and in the worst case your family loses the will entirely and the estate is handled as if you never made one. Storing your will electronically takes that presumption off the table, because a will kept as a proper electronic record is not presumed revoked just because the paper copy goes missing. It does not end every possible dispute, but it removes one of the most common and costly ones. Let me be very clear with you about the tradeoff, though: once your will is stored electronically, physically destroying the paper may no longer revoke it, so the clean and reliable way to change your plan is to sign a new will.

How is an electronically stored will filed for probate?

You do not file the digital file itself. When the time comes, a North Carolina attorney prints a certified paper copy of the stored will and attaches an affidavit confirming it is a true and accurate copy. That certified paper copy is what goes to the Clerk of Superior Court for probate, and it is handled much like any other witnessed will. So the electronic record is the safekeeping method, and the certified paper copy is the document that actually does the work in court.

Does this apply to handwritten wills?

No. The electronic storage option only applies to a typed or printed will that was signed in front of two witnesses, which North Carolina calls an attested written will. A holographic will, meaning one written entirely in your own handwriting with no witnesses, cannot be stored under this law. So if your only will is a handwritten one, this new tool does not reach it, which is one more reason a properly witnessed will is worth having.

Should you use an electronically stored will?

For many people, this is a smart, low-cost layer of protection, especially if you worry about your will being lost, damaged, or misplaced. The math is pretty simple: if a lost will can cost your family the entire plan, a safeguarded electronic copy is cheap insurance. It is also brand new, with no court decisions interpreting it yet, and the law requires an attorney to set it up. For most families, the bigger question is still whether you have a valid will at all.

Talk to a Raleigh estate planning attorney

Electronic storage is a useful tool, but it only helps if the underlying will is valid and reflects what you actually want. I want to strongly encourage you to make sure your will is properly signed and witnessed first, and then decide whether electronic storage fits your situation. The right estate planning gets that foundation right. If we can be of assistance to you, please reach out to us at 919-647-9599 or schedule a free discovery call.

**About the Author**

Jason Walls, J.D., is the Founder and Chief Legal Officer of The Walls Law Group, a North Carolina law firm focused on helping business owners and families protect, preserve, and transfer wealth through estate, business, and asset protection planning.
*This content was reviewed on July 1st, 2026*

Disclaimer: This article is for educational purposes only and does not constitute legal advice. North Carolina law changes and applies differently to each situation. For advice tailored to your circumstances, please schedule a consultation.

Can you make an electronic will in North Carolina?