NC General Statutes

N.C. Gen. Stat. § 31-3.3 (2026)

Attested written will

✓ current as of July 2026

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 31 CornellLII Search CasesGoogle Scholar

(a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section.

(b) The testator must, with intent to sign the will, do so by actually signing the will or by having someone else in the testator's presence and at the testator's direction sign the testator's name thereon.

(c) The testator must signify to the attesting witnesses that the instrument is the testator's instrument by signing it in their presence or by acknowledging to them the testator's signature previously affixed thereto, either of which may be done before the attesting witnesses separately.

(d) The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other. (1953, c. 1098, s. 2; 2011-344, s. 8.)

Notes of Decisions

Cited in 27 cases (1 in the last 5 years), 1957–2026 · leading case: In Re the Will of Priddy, 614 S.E.2d 454 (N.C. Ct. App. 2005).

Sort: Relevance Newest Treatment

In Re the Will of Priddy, 614 S.E.2d 454 (N.C. Ct. App. 2005). · cites it 8× “(b) The testator must, with intent to sign the will, do so by signing the will himself or by having someone else in the testator’s presence and at his direction sign the testator’s name thereon.”

Matter of Will of Jarvis, 430 S.E.2d 922 (N.C. 1993). · cites it 9× “” Jarvis died in December 1986. Probate of a paper writing dated 6 July 1977 purporting to be Jarvis’ Last Will and Testament was opposed by the older two of Jarvis’ three sons on grounds of improper execution under N.”

In Re the Will of McCauley, 565 S.E.2d 88 (N.C. 2002). · cites it 3× “While N.C.G.S. § 31-3.3 requires the signatures of two attesting witnesses for a will to be valid, our case law demonstrates that, once the will has been duly executed, other methods are available to prove that execution by the testator before two attesting witnesses occurred.”

Brickhouse v. Brickhouse, 407 S.E.2d 607 (N.C. Ct. App. 1991). · cites it 10× “Blair Harry, swore that they attested to the will of Thomas Edward Brickhouse as required by N.C.G.S. § 31-3.3. There is no indication that these affidavits were part of the original probate which had already occurred.”

In re the Est. of James Junior Phillips, 795 S.E.2d 273 (N.C. Ct. App. 2016). · cites it 2× “§ 31-3 (2011) (subsequently amended by N.C. Gen. Stat. § 31-3.3 , effective 1 January 2012).”

Matter of Will of Jarvis, 418 S.E.2d 520 (N.C. Ct. App. 1992). · cites it 9× “Jarvis, on the grounds of improper execution under N.C.G.S. § 31-3.3, testator’s mental incapacity and undue influence.”

In Re the Will of Campbell, 573 S.E.2d 550 (N.C. Ct. App. 2002). · cites it 2× “See N.C. Gen. Stat. §§ 31-3.3 and 31-11.6 (2001).”

In re Will of Allen, 821 S.E.2d 396 (N.C. 2018). · cites it 5× “N.C.G.S. § 31-3.3 (2017). The will included the following relevant dispositions: ARTICLE III I will, devise and bequeath all of my real and personal property of every sort, kind and description, both tangible and intangible, wheresoever located, in fee simple absolute unto, RENA…”

In re the Will of James Paul Allen, 801 S.E.2d 380 (N.C. Ct. App. 2017). · cites it 2× “The will was executed and sworn to by the decedent and two witnesses, and the parties do not dispute that it meets the requirements of N.C. Gen. Stat. § 31-3.3 (2015) for a properly attested self-proving will.”

Matter of Est. of Norton, 410 S.E.2d 484 (N.C. 1991). · cites it 6× “See N.C.G.S. § 31-3.3 (1984). However, we agree with the Court of Appeals that the stapled pages at issue here cannot constitute a legally valid will.”

In Re the Will of Yelverton, 631 S.E.2d 180 (N.C. Ct. App. 2006). · cites it 2× “N.C. Gen. Stat. § 31-3.3 (2005). As the statute indicates, proof of the proper execution of a will “ordinarily requires the testimony of two attesting witnesses.”

Matter of Will of Cooley, 311 S.E.2d 613 (N.C. Ct. App. 1984). · cites it 3× “(b) The testator must, with intent to sign the will, do so by signing the will himself or by having someone else in the testator’s presence and at his direction sign the testator’s name thereon.”

Show all 27 citing cases →

— N.C. Gen. Stat. § 31-3.3(a) — 1 case

In re the Will of McCauley, 554 S.E.2d 13 (N.C. Ct. App. 2001).

— N.C. Gen. Stat. § 31-3.3(b) — 1 case

Matter of Will of Jarvis, 430 S.E.2d 922 (N.C. 1993). “” Jarvis died in December 1986. Probate of a paper writing dated 6 July 1977 purporting to be Jarvis’ Last Will and Testament was opposed by the older two of Jarvis’ three sons on grounds of improper execution under N.”

— N.C. Gen. Stat. § 31-3.3(c) — 1 case

Matter of Will of King, 342 S.E.2d 394 (N.C. Ct. App. 1986).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.