North Carolina’s Revolutionary Electronic Will Storage Law: Probate Options for the Digital Age
By Daniel Brinson Finch of Pinna, Johnston & Burwell, P.A.
North Carolina has made a significant advancement in estate planning with the enactment of Session Law 2025-33, which becomes effective on January 1, 2026. This important legislation allows attorneys to electronically store original wills and later probate certified paper copies without having to follow the time-consuming procedures previously required for lost or destroyed wills.
After many years of practicing estate law, I can say without hesitation that one of the most difficult situations for families occurs when they learn that the original will of a deceased relative has been misplaced or destroyed. Under the previous legal framework, this discovery often initiated a lengthy and expensive legal process at a moment when families were already under significant stress. Fortunately, the new electronic will storage law in North Carolina provides a much more efficient and reliable solution.
How the New Law Operates
The new legislation creates Article 11 of Chapter 31 of the North Carolina General Statutes entitled “Electronic Storage of Attested Written Wills by an Attorney.” In practice, this authorizes attorneys to securely store an electronic record of a client’s properly executed will. When necessary, a certified paper copy of that electronic record can be produced and probated just like an original will.
The process must be handled carefully. When an attorney stores a will electronically, the attorney is required to prepare a notarized affidavit verifying that the electronic record is a complete and accurate copy of the original document. The testator must specifically consent to the electronic storage. Additionally, the testator must be informed that once the will is stored in this manner, it cannot be revoked by physically destroying the paper original. Instead, revocation must occur through a new will or codicil.
At the time of probate, the attorney may produce a certified paper copy of the electronically stored will together with a notarized affidavit confirming its authenticity. That certified copy can then be admitted to probate using the same procedures that apply to original wills.
The Prior System
Before the new law (which becomes effective January 1, 2026), probating a copy of a will when the original could not be located was a difficult and expensive undertaking. North Carolina law presumed that if an original will last known to be in the testator’s possession could not be found, the testator had likely destroyed it in order to revoke it. To overcome this legal presumption, the estate was required to present clear cogent and convincing evidence.
In practical terms, this meant filing a Petition to Probate a Copy of Lost Will, locating the subscribing witnesses, providing evidence of a thorough search for the original document, and sometimes participating in a formal court hearing with notice to all interested parties. These proceedings often took several months and resulted in significant legal expense.
A Real-World Example
A recent matter in my practice illustrates the benefits of the new law. One client passed away with a well drafted modern will. The will should have been admitted to probate without difficulty. Unfortunately, after the client’s home sustained water damage, the original will was lost during the cleanup process. Even though an exact electronic copy was available from the drafting attorney, the estate was forced to initiate a lost will proceeding. Subscribing witnesses had to be located and a guardian ad litem appointed for minor beneficiaries. The delays and additional expenses were significant and could have been entirely avoided under the new law.
What This Means for You and Your Family
This new law offers a meaningful improvement in the protection and administration of estate planning documents. Electronic storage provides strong protection against accidental loss, natural disasters, and unintentional destruction. More importantly, it allows families to avoid burdensome and expensive legal proceedings when an original will cannot be found.
The only important consideration is that once a will is stored electronically, physical destruction of the paper document does not operate as a revocation. Instead, the will can be revoked only by executing a new will or codicil. This is consistent with the way most estate planning is updated in practice.
Looking Ahead
From a practitioner’s perspective, this is a welcome and practical modernization. At Pinna, Johnston and Burwell, P.A., we remain committed to helping our clients stay informed and take full advantage of these important developments.
If you have an existing will, it may be beneficial to discuss whether electronic storage is appropriate in your situation. The confidence that comes from knowing your estate plan is fully protected and that your family will not face unnecessary procedural obstacles is invaluable.
If you have any questions about electronic will storage or other estate planning matters, please contact our office or visit www.pjb-law.com for additional information.
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Daniel Brinson Finch practices estate planning and probate law at Pinna, Johnston & Burwell, P.A. For questions about electronic will storage or other estate planning matters, visit www.pjb-law.com or contact our office for a consultation.
