Flat-fee, fully virtual estate planning for NC and SC families — wills, revocable trusts, powers of attorney, and healthcare directives, drafted by a licensed attorney and signed remotely from anywhere in either state.
Under N.C.G.S. Chapters 31, 32A, 32C, and 36C in North Carolina and S.C. Code Title 62, Articles 2, 5, 7, and 8 in South Carolina, estate planning encompasses every legal arrangement you make to direct what happens to your assets, your children, and your medical decisions in the event of incapacity or death. It is not one document. A complete plan coordinates a will, often a revocable living trust, financial and healthcare powers of attorney, a living will, and the beneficiary designations on your retirement and life insurance accounts — each governed by its own statutory framework but only effective when all of them work together. NC’s spousal elective share of 15–50% (N.C.G.S. §§ 30-3.1 to 30-3.7) and SC’s flat one-third elective share (S.C. Code § 62-2-201) mean that even a carefully drafted will cannot fully disinherit a current spouse without spousal consent, which is one of several reasons a coordinated multi-document plan outperforms any single instrument.
What is at stake without a plan is significant. Intestate succession statutes (N.C.G.S. §§ 29-1 et seq.; S.C. Code §§ 62-2-102 et seq.) impose a rigid distribution formula regardless of your wishes — a surviving spouse may share the estate with stepchildren, an unmarried partner inherits nothing, minor children’s shares are held in a court-supervised guardianship until age 18 and then distributed outright. Without a power of attorney, an incapacitated adult requires a court-appointed guardian under N.C.G.S. Chapter 35A or S.C. Code Title 62 Article 5 — a public, expensive, and often slow process that can be avoided with a single signed document.
Ryan’s practice covers the six core estate planning documents listed below, drafted to current NC and SC requirements with Remote Online Notarization for signing. Every engagement is flat-fee — you know the cost before you start — and every plan is drafted for the specific family, assets, and state, not generated from a generic template.
Different families need different combinations — some need a trust, some do not — but most complete plans contain all six of these instruments, coordinated so they operate as a single system rather than six disconnected forms.
The foundational document directing how your property passes and naming a guardian for minor children.
Learn more →A complete probate-avoidance tool that transfers assets privately and immediately at death or incapacity.
Learn more →Authorizes a trusted agent to manage your finances if you become incapacitated — without court guardianship.
Learn more →Names the person who makes medical decisions for you when you cannot speak for yourself.
Learn more →Documents your wishes about end-of-life care, life support, and artificial nutrition.
Learn more →Personal property memorandum, HIPAA release, digital asset authorization, and supporting instruments.
Learn more →NC and SC share a common framework — both adopted the Uniform Trust Code, both authorize Remote Online Notarization, both follow Uniform Power of Attorney Act principles — but the substantive rules differ in ways that matter. Ryan is licensed in both states; the points below are the ones that come up most often in cross-border planning.
Spouse with children of the marriage receives the first $60,000 of personal property plus one-half of the remainder; children split the rest. With stepchildren, the $60,000 preference disappears and the estate splits 50/50.
Surviving spouse may claim 15–50% of the augmented estate depending on the length of the marriage — meaning full disinheritance of a spouse is not possible.
Two competent witnesses required for an attested will. NC also recognizes holographic (handwritten, unwitnessed) wills under § 31-3.4 but they are not recommended.
Remote Online Notarization authorized for wills, trusts, POAs, and healthcare directives. Fully virtual signings have been the norm since 2022.
Clerk of Superior Court in the decedent’s county of residence (N.C.G.S. § 28A-3-1). Typical NC probate runs 10–20 months.
If all descendants are also the spouse’s descendants, the spouse may take the entire estate. With stepchildren (decedent’s descendants who are not also the spouse’s), spouse receives the first $100,000 plus one-half of the balance; descendants split the rest.
Surviving spouse may claim one-third of the probate estate, overriding the will. SC’s rule is a fixed fraction, unlike NC’s sliding scale.
Two witnesses required. SC does not recognize holographic wills — an unwitnessed handwritten will has no legal effect in SC.
Remote Online Notarization authorized under S.C. Code § 26-2-30 et seq. Most SC estate planning documents can be signed entirely on video.
County Probate Court (S.C. Code § 62-1-303). Typical SC probate runs 9–15 months. Formal vs. informal administration is selected at filing.
Quick-reference comparison of the rules that drive most cross-border estate planning decisions for clients with ties to both states.
| Topic | North Carolina | South Carolina |
|---|---|---|
| Intestate share — spouse, no children, no parents | Surviving spouse takes the entire intestate estate. N.C.G.S. § 29-14 | Surviving spouse takes the entire intestate estate. S.C. Code § 62-2-102 |
| Intestate share — spouse with one child | Spouse takes the first $60,000 of personal property plus one-half of the remaining personal property and one-half of the real property; the child takes the balance. N.C.G.S. § 29-14 | Spouse takes one-half and the descendants share the other half, regardless of the number of children. S.C. Code § 62-2-102 |
| Will witnesses required | Two competent witnesses; either witness may also be the notary. N.C.G.S. § 31-3.3 | Two witnesses who sign in the testator's presence. S.C. Code § 62-2-502 |
| Holographic (handwritten, unwitnessed) wills | Recognized if entirely in the testator's handwriting, signed, and found among valuables after death. N.C.G.S. § 31-3.4 | Not recognized. South Carolina requires the standard two-witness formalities. S.C. Code § 62-2-502 |
| Self-proving affidavit | Permitted by statutory affidavit signed before a notary at the same time as the will. N.C.G.S. § 31-11.6 | Permitted by statutory affidavit signed before a notary contemporaneously with the will. S.C. Code § 62-2-503 |
| Remote Online Notarization (RON) | Permanent RON authorized under S.L. 2022-54 (effective July 2023). Wills, revocable trusts, powers of attorney, and advance directives may be executed via Remote Online Notarization. N.C.G.S. Ch. 10B, Art. 2 | RON authorized under the South Carolina Remote Online Notarization Act effective 2021. S.C. Code Ann. §§ 26-2-10 et seq. |
| Spousal elective share | Surviving spouse may elect 15%–50% of the "total net assets," scaled by length of marriage. N.C.G.S. §§ 30-3.1 to 30-3.7 | Surviving spouse may elect one-third of the decedent's probate estate. S.C. Code § 62-2-201 |
| Probate timeline (typical) | Roughly 6–12 months for a routine estate; creditor claim period is 90 days from first publication. N.C.G.S. § 28A-14-1 | Roughly 8–12 months for a routine estate; creditors have 8 months from first publication or 1 year from death, whichever is earlier. S.C. Code § 62-3-801 |
| Statutory short-form power of attorney | North Carolina Uniform Power of Attorney Act provides a statutory short form. N.C.G.S. Ch. 32C | South Carolina Uniform Power of Attorney Act provides a statutory form; durable POAs must be recorded to remain effective during incapacity. S.C. Code Title 62, Art. 8 |
| Slayer statute | A "slayer" who willfully and unlawfully kills the decedent forfeits any benefit from the estate. N.C.G.S. Ch. 31A, Art. 3 | A person who feloniously and intentionally kills the decedent forfeits all benefits under the estate. S.C. Code § 62-2-803 |
| Living trust governing statute | North Carolina Uniform Trust Code. N.C.G.S. Ch. 36C | South Carolina Trust Code. S.C. Code Title 62, Article 7 |
The most common estate-planning decision is whether to build the plan around a will or around a revocable living trust. Both can produce a valid, legally complete estate plan in NC and SC. The differences below are what most often drive the choice.
| Factor | Will-based plan | Revocable trust plan |
|---|---|---|
| Cost | Lower — single flat fee for will + POAs + healthcare directive | Higher — trust + pour-over will + funding instructions + deeds |
| Probate | Required — 10–20 months in NC, 9–15 months in SC for most estates | Avoided for assets titled in the trust — distributions usually complete in weeks |
| Privacy | Public — probated wills become part of the court record | Private — trust terms and distributions are not filed with any court |
| Incapacity | Relies on the power of attorney only — no asset succession at incapacity | Successor trustee steps in immediately, manages all trust-held property |
| Updates | Codicil or restatement — any change requires a re-execution with witnesses | Amendment without witnesses (in most cases) — easier ongoing maintenance |
| Funding effort | None — the will operates on whatever you own at death | Significant — assets must be retitled into the trust during life or the trust does not work |
| Guardian of minor children | Yes — the will is the only document that nominates a guardian | Companion pour-over will nominates the guardian |
| Multi-state real estate | Triggers ancillary probate in each state where you own property | Avoids ancillary probate — one trust holds property in any state |
Every Ryan engagement follows the same five-step process — designed so you know what to expect, when it happens, and what it costs from the very first call.
A 30-minute video or phone call to understand your family, your assets, your goals, and your concerns. Ryan answers your questions about NC and SC law, walks through likely options, and gives an honest assessment of whether a will-based plan or a trust-based plan fits your situation. No commitment, no obligation, no high-pressure pitch.
After the consultation, Ryan provides a written recommendation outlining which documents you need, why each one matters for your family, and the single flat fee covering the full engagement. No hourly billing, no surprise invoices — the quoted fee is what you pay through signing.
Ryan drafts each document personally, tailored to your specific facts, family structure, and applicable state law (N.C.G.S. Ch. 31, 36C, 32C, or S.C. Code Title 62 as relevant). Drafts arrive within 2–3 weeks, with a plain-English summary explaining each provision and what it does. Revisions are unlimited and included in the flat fee.
The signing is a single 30–45 minute video call. You appear on camera with Ryan and a notary; documents are signed electronically with witnesses joining the video session. NC Session Law 2022-54 and S.C. Code § 26-2-30 both authorize RON for estate planning documents. After the signing, you receive certified PDFs immediately and original notarized hard copies by mail.
For trust-based plans, Ryan prepares the deeds transferring real property into the trust and provides written instructions for retitling financial accounts and updating beneficiary designations. Ryan also walks you through where to store originals (Clerk of Superior Court in NC offers voluntary deposit) and how to give trusted family members access. This step is what makes the plan actually work.
After years of estate planning practice in both states, the same handful of mistakes appear over and over. Each one is preventable. Each one can leave a family worse off than no plan at all.
LegalZoom and similar services generate generic forms that do not account for NC or SC execution requirements, do not coordinate with your beneficiary designations or trust funding, and do not advise on whether a will or a trust fits your situation. Courts in both states have invalidated online wills for technical defects — missing witnesses, incorrect attestation, defective notarization — leaving the estate to pass by intestate succession despite the testator’s documented intentions.
Marriage, divorce, the birth or adoption of a child, the death of a named beneficiary or executor, relocation to another state, and significant changes in assets all affect a will’s operation. NC and SC both have statutes that automatically affect a will after divorce (N.C.G.S. § 31-5.4; S.C. Code § 62-2-507) — but neither state automatically revokes a will after remarriage. A new spouse may be unprotected under an unupdated plan.
Retirement accounts (IRAs, 401(k)s) and life insurance policies pass by beneficiary designation, entirely outside your will or trust. An ex-spouse named decades ago on a 401(k) inherits regardless of what your current will says. Every Ryan engagement includes a beneficiary designation review — this single coordination step prevents more disputes than almost any other planning move.
The most common and most costly trust mistake. A trust document with no assets transferred into it will not avoid probate — an unfunded trust does nothing at death. Real property must be re-titled by deed recorded with the county Register of Deeds; financial accounts must be moved into the trust name. Ryan prepares the deeds and provides written funding instructions as part of every trust engagement.
A surprising number of families have wills but no healthcare power of attorney or living will. The result, in a medical crisis, is a court-appointed guardian under N.C.G.S. Chapter 35A or S.C. Code Title 62 Article 5 — a public, expensive process that takes weeks while families are already in distress. Healthcare documents are included in every Ryan flat-fee package.
A will or trust that no one can find has the same effect as no estate plan at all. NC allows voluntary deposit of wills with the Clerk of Superior Court during the testator’s lifetime (N.C.G.S. § 31-11). At minimum, your executor and successor trustee should know exactly where originals are kept — not a copy, the original — and how to access digital copies if needed.
Estate planning is sometimes treated as a concern only for the wealthy or the elderly. The honest answer is broader. If you fit any of the profiles below, you have something at stake.
The will is the only document that nominates a guardian for your children. Without one, the court — not you — decides who raises them.
Intestate succession in NC and SC gives an unmarried partner nothing. A will or a trust is the only way to ensure your partner inherits.
A buy-sell agreement, succession plan, and estate plan together prevent forced liquidation or co-ownership disputes after death.
When stepchildren and current spouses are both involved, intestate formulas rarely produce a result any parent would choose.
Homes, land, and beach property pass through probate without a plan — a 10–20 month process in NC, 9–15 months in SC.
Healthcare documents matter more with age. A power of attorney and a healthcare directive prevent guardianship if you become incapacitated.
Ryan’s estate planning practice is built on a single principle: you know what you are paying before the engagement begins. There is no hourly billing, no surprise invoice, and no incentive to drag the work out.
A will-based plan with financial and healthcare powers of attorney, a living will, and a personal property memorandum is one flat fee. A trust-based plan adding a revocable living trust, pour-over will, funding instructions, and one real-estate deed is a higher tier. Larger families, business owners, and clients with property in multiple states have their own pricing. Every quote includes unlimited revisions through signing.
View Flat-Fee Pricing →The legal framework cited throughout this page comes from official primary sources. Each link opens the actual statutory text or the authoritative governing body.
Ryan serves all of North Carolina and South Carolina virtually. Below are the cities with dedicated practice-area pages addressing local probate venues, county-specific considerations, and the kinds of estates common to each community.