A Guide for North Carolina Families
Estate planning is not just for the wealthy. Every adult in North Carolina — whether you own a home, have children, or simply want to make sure your wishes are followed — needs a basic estate plan. Without one, the state decides who inherits your property, who raises your children, and who makes medical decisions on your behalf.
A well-crafted estate plan protects your family from unnecessary legal battles, minimizes tax exposure, and ensures that your assets are distributed according to your wishes. Perhaps most importantly, it gives you and your loved ones peace of mind during difficult times.
At HBHK Law, we have helped hundreds of families in Goldsboro and Wayne County create estate plans tailored to their unique circumstances. This guide covers the fundamentals you should know before your first consultation.
When someone dies without a will in North Carolina, they are said to have died "intestate." In that case, NC General Statutes Chapter 29 dictates how property is distributed. If you are married with children, your spouse may receive only a portion of your estate — the rest goes to your children, regardless of their age or circumstances.
If you are unmarried with no children, your estate passes to your parents, then siblings, then more distant relatives. If no relatives can be found, your property goes to the State of North Carolina. Intestacy laws rarely reflect what people actually want, which is why having a will is so important.
The intestacy process also typically requires court supervision through the Clerk of Superior Court, which can be time-consuming and expensive. A simple will can avoid much of this complexity.
A will is the cornerstone of any estate plan. In North Carolina, a valid will must be in writing, signed by the person making it (the "testator"), and witnessed by at least two competent individuals. A properly executed will allows you to name an executor, designate beneficiaries, and specify guardians for minor children.
North Carolina also recognizes holographic (handwritten) wills under certain conditions, but these can be more easily challenged. We strongly recommend working with an attorney to ensure your will is properly drafted and executed to avoid disputes after your passing.
Your will should be reviewed and updated whenever you experience a major life event — marriage, divorce, the birth of a child, a significant change in assets, or the death of a named beneficiary or executor.
A trust is a legal arrangement in which one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). Trusts offer several advantages over wills alone: they can avoid probate, provide for the management of assets if you become incapacitated, and offer more control over how and when your beneficiaries receive their inheritance.
Revocable living trusts are the most common type for estate planning purposes. You retain full control of the trust during your lifetime and can modify or revoke it at any time. Upon your death, the trust assets pass to your beneficiaries without going through probate court.
Irrevocable trusts, while less flexible, offer additional benefits such as asset protection and potential tax advantages. Your attorney can help you determine which type of trust, if any, is appropriate for your situation.
A power of attorney (POA) is a legal document that allows you to designate someone to make decisions on your behalf if you become unable to do so. In North Carolina, there are two primary types: a general durable power of attorney for financial matters and a healthcare power of attorney for medical decisions.
A durable power of attorney remains in effect even if you become incapacitated — which is precisely when you need it most. Without one, your family may need to petition the court for guardianship, a process that is expensive, time-consuming, and public.
Choosing the right agent is critical. Select someone you trust completely, who understands your values, and who is willing and able to act in your best interest. Many people name a spouse or adult child, with an alternate agent as a backup.
A healthcare directive, also known as a living will or advance directive, outlines your wishes for medical treatment if you are unable to communicate them yourself. In North Carolina, this document can address issues such as life-sustaining treatment, artificial nutrition and hydration, and organ donation.
Combined with a healthcare power of attorney, a living will ensures that your medical care reflects your personal values and beliefs. Without these documents, family members may disagree about your care, leading to painful conflicts during an already difficult time.
We recommend discussing your healthcare wishes with your family and your attorney so that everyone understands your preferences. These conversations, while sometimes difficult, can prevent significant heartache later.
If you have a family member with a disability, special needs planning is essential. A direct inheritance can disqualify your loved one from vital government benefits like Medicaid and Supplemental Security Income (SSI). A properly drafted special needs trust allows you to provide for your family member without jeopardizing their eligibility.
At HBHK Law, Bryan King brings a personal perspective to special needs planning as the father of a daughter with Down Syndrome. He understands the concerns families face and works to create comprehensive plans that protect both the individual's benefits and their quality of life.
Special needs planning may also involve coordinating with ABLE accounts, letter of intent documents, and selecting the right trustee. An experienced attorney can help you navigate these decisions with confidence.
An estate plan is not a one-time event. Life changes, and your plan should change with it. You should review your estate plan at least every three to five years, and immediately after any major life event: marriage or divorce, the birth or adoption of a child, the death of a beneficiary or executor, a significant change in financial circumstances, a move to a new state, or a change in tax laws.
Outdated estate plans can be worse than having no plan at all. A will that names an ex-spouse, a trust that does not account for a new child, or a power of attorney that designates someone who has passed away can create confusion, conflict, and unintended consequences.
If it has been more than a few years since you reviewed your estate plan, we encourage you to schedule a consultation. Our attorneys can review your existing documents and recommend updates to ensure your plan still reflects your wishes.
Tell us about your situation and we'll connect you with the right attorney. Most consultations happen within 24–48 hours of first contact.