Effective January 1, 2026, a new kind of will can be offered for probate in North Carolina. Session Law 2025-33, Part VIII adds a new Article 11 to Chapter 31 of the General Statutes, allowing an attested written will to be stored as an electronic record and later offered for probate as a certified paper copy.

Probating a lost Will can be very costly and time consuming.

The difficulty in probating a lost will, along with issues related to storage and safekeeping of wills, have given rise to NC Law allowing an electronically stored will.

Pursuant to a new Article 11 of G.S. Chapter 31, an electronically stored will may be created at any time during the testator’s life.  It must be created at the testator’s direction by an attorney licensed in North Carolina. G.S. 31-72(a).

To create an electronically stored will, the attorney (at the testator’s direction) must create an electronic record of the testator’s written attested will. Id.  The term “electronic” is defined as “relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities,” and the term “record” is defined as “information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.” G.S. 31-71(1); -71(2). Under the definitions in G.S. 31-71(1) and -71(2), an electronic record would include, but not be limited to, a digital file such as a PDF or JPEG.

The attorney creating the electronically stored will must add a statement signed by the attorney in the form of an affidavit sworn to or affirmed before an officer authorized to administer oaths to the record. G.S. 31-72(a). The affidavit must state the following:

1. That the electronic record of the attested written will is a complete, true, and accurate copy of the attested written will,
2. That the testator expressly authorized the attorney to create an electronic record of the attested written will, and
3. That the testator has been advised that the creation of an electronic record of the testator’s attested written will eliminates the ability of the testator to revoke the attested written will by physical act.

Does the New Law Apply to Every Attested Written Will?

Yes. S.L. 2025-33 applies to every attested written will regardless of when the will was executed.

Probating an Electronically Stored Will

To create the certified paper copy of the electronically stored will, the attorney must:

1. Create a paper copy of the electronically stored will by printing it out. This paper copy will include the certifying affidavit signed by the attorney who created the electronically stored will.
2. Certify, in the form of an affidavit sworn to or affirmed before an officer authorized to administer oaths, that the paper copy is a complete, true, and accurate copy of the electronically stored will.
3. Attach the certification to the printed copy of the electronically stored will.