Part I

Enacts Article 11 to GS Chapter 31, named the “North Carolina Electronic Uniform Electronic Wills Act (Act).”  Establishes that an electronic will is a valid will in the State subject to State laws and principles of equity applicable to wills.  Makes conforming change to GS 31-3.2 (kinds of wills) to list electronic wills. Requires an electronic will to be recorded in electronic form and readable as text at the time of signing, be signed by the testator, and be attested to by at least two competent witnesses. Specifies rules for revoking an electronic will. Sets out requirements under which an electronic will may be self-proved. Permits creating certified paper copies of an electronic will by a sworn certification attached to the will or by attaching the affidavits of self-proof at the time of the execution of the will. Specifies that the certified paper copy of an electronic will, but not the electronic will itself, may be probated. Provides for conversion of an attested written will to an electronic will.  Amends GS 28A-2A-8 (pertaining to probate of wills) to establish a procedure for probate of an electronic will. Makes conforming changes to refer to certified paper copies of an electronic will in GS 28A-2B-1 (pertaining to establishment before death the validity of a will or codicil), GS 28A-2B-3 (pertaining to the contents of a petition for will validity), and GS 31-11 (pertaining to depositories in offices of the clerk of superior court). Makes other conforming and technical changes to those statutes. Makes conforming changes to GS 31-3.1.

Requires that uniformity amongst the states must be given consideration in applying and construing the Act. Sets forth the following definitions: electronic, electronic will, record, sign, and state.  Requires the Revisor of Statutes to print as annotations to the statute all relevant portions of the official comments to the Uniform Electronic Wills Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.

Effective January 1, 2026, and applies to electronic wills executed on or after that date and to attested written wills converted to electronic wills on or after that date, regardless of the date of execution of the attested written will.

Part II

Amends GS 30-3.3A (valuation of partial and contingent interests in property passing to a surviving spouse) as follows. Requires the terms of a trust to substantially meet the listed requirements in form and content (currently, just requires the trust terms to meet the listed requirements). Expands the types of trustees that control the trust during the surviving spouse’s lifetime. Allows the trust to authorize or require the trustee to also take assets (currently, just income and other means of support) into account. Specifies required language that the trust must contain pertaining to distribution of the income and principal. Makes clarifying and technical changes.

Amends GS 30-3.4 (procedure for determining the elective share), as follows. Removes the requirement that surviving spouse must mail or deliver a copy of the petition to the estate as a requirement for asserting a claim for elective share. Requires petition to be verified.  Directs that an elective share proceeding is an estate proceeding to be conducted in line with Article 2 of GS Chapter 28A, except as modified or supplemented as described.

Applies to claims for elective share filed on or after January 1, 2026.

Part III

Amends GS 36C-6-604 (limitation on action contesting validity of revocable trust, distribution of trust property), as follows. Makes technical changes. Directs trustee to not distribute trust property to any beneficiary in contravention of the rights of any person who may be affected by the outcome of a pending or possible judicial proceeding if, at the time the distribution is made: (1) the trustee knows of a pending judicial proceeding pertaining to the validity of the trust or contesting he identity of beneficiaries, or (2) a potential contestant has notified the trustee in writing of a possible judicial proceeding to contest the validity of terms of the trust or to contest the identity of the beneficiaries eligible to receive distribution therefrom, and a judicial proceeding is commenced within 60 days after the contestant sent the notification. Expands those matters that prevent the trustee from distributing trust property to judicial proceedings or contestants challenging the identity of the beneficiaries eligible to receive distributions from the trust. Specifies that the trustee’s failure to comply with the above constitutes breach of trust. Provides for distribution of assets to beneficiaries upon motion, with notice to the interested parties upon court order. Expands the conditions upon which a beneficiary must return trust property to include when their interest in a trust has been determined to be invalid (currently, just when the trust has been determined to be invalid).  Specifies that if the beneficiary refuses to return the distribution after being ordered by the court, the beneficiary is liable for all costs incurred for recovery of the distribution, including attorneys' fees. Applies to settlors dying on or after January 1, 2026. 

Part IV

Amends GS 30-15 (spousal allowances) as follows. Creates an exception for when the spousal allowance takes priority over a child’s allowance that occurs if a surviving spouse entitled to an allowance fails to file a petition for an allowance within six months after the date of death of the decedent and an eligible person files a petition for a child's allowance before the spouse files a petition for an allowance. Specifies that a proceeding for a spouse’s allowance will be an estate proceeding governed by Article 2 of GS Chapter 28A. Makes conforming changes.

Amends GS 30-17 (child’s allowance) by amending the order of priority for the person entitled to file a petition on behalf of the child for a child's allowance, so that first priority is given to the child, if the child is at least 18 years old or an emancipated minor at the time the petition is filed. Specifies that a proceeding for a child’s allowance will be an estate proceeding governed by Article 2 of GS Chapter 28A. Removes the clerk’s discretion under GS 30-20(c) to on its own motion, determine that a hearing is necessary to determine whether a year’s allowance should be awarded to the children of an estate under GS 30-20 (procedure for assignment). 

Removes references to “GS 30-20(c)” and replaces those references with references to “contested case proceedings commenced by the petitioner or by order of the clerk joining respondents to the proceeding” in standing provisions in GS 30-23.1 (contested case proceedings regarding allowance).  Makes conforming and clarifying changes.

Amends GS 28A-25-6 (payment to clerk of money owed decedent) as follows. Provides in (f) that if no administrator has been appointed, the clerk of superior court must upon motion of the clerk or application of an interested party, disburse the money received under this statute for the following purposes and in the following order: (1) to pay the surviving spouse's year's allowance and children's year's allowance assigned in accordance with law, except that if (1) it has been greater than six months since the date of death of the decedent and (2) there has been no petition filed and assignment of a spouse's or child's year's allowance, the clerk may disburse the money in accordance with the other provisions of (f) (which requires all other claims to be disbursed according to the order set out in GS 28A-19-6). Clarifies that after the death of a the decedent (currently, spouse who died intestate) and after the disbursements have been made, the balance in the clerk's hands belonging to the estate of the decedent will be paid to the surviving spouse, and if there is no surviving spouse, the clerk will pay it to the heirs or beneficiaries (currently, just heirs) in proportion to their respective interests. Makes technical changes. Applies to petitions filed on or after January 1, 2026.