Short Answer

In North Carolina, you challenge a falsified (forged or altered) will by filing a will caveat. The propounder must first show the will was properly executed; then you must prove falsification by the greater weight of the evidence. Typical proof includes attesting-witness testimony, handwriting and document-examiner opinions, notary records, and evidence of improper execution or post‑signing alterations. Strict deadlines apply.

Understanding the Problem

In North Carolina probate, an heir can ask: how do I challenge a will as falsified and what proof do I need? Here, a non‑resident heir wants to contest a family will’s authenticity after the Clerk admitted it to probate. The relief is a will caveat, which asks a Superior Court jury to decide whether the paper is truly the decedent’s will.

Apply the Law

North Carolina resolves will-fraud or forgery claims through a caveat proceeding. The Clerk first admits a will (often in common form). In a caveat, the will’s proponent must show proper execution. Then the challenger must prove invalidity (forgery, improper execution, or material alteration) by a preponderance of the evidence. The case goes to Superior Court, and deadlines apply, including a three‑year limit after probate in common form.

Key Requirements

• Standing and forum: You must be an interested person (e.g., heir or prior‑will beneficiary) and file your caveat with the Clerk of Superior Court; the case then goes to Superior Court for a jury trial.
• Burden framework: The will’s proponent first shows due execution; then you must prove falsification (forgery, improper execution, or post‑execution alteration) by the greater weight of the evidence.
• Execution defects: Evidence that the testator did not sign, lacked two competent witnesses, or that witnesses did not observe required steps can defeat the will.
• Forgery indicators: Handwriting analysis, witness testimony, and notary/acknowledgment irregularities can show the testator’s or witnesses’ signatures are not genuine.
• Alteration after signing: Proof of page substitutions, changed terms, or edits made after execution without proper re‑execution and re‑attestation supports a “falsified” finding.
• Self‑proved wills: A self‑proved affidavit creates a strong presumption of validity; you must rebut it with credible, specific contrary proof.
• Timing: File within three years after probate in common form, or before the hearing if probate in solemn form is pending.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Execution of attested wills) – Sets the signing and witness requirements a valid attested will must meet.
• North Carolina Gen. Stat. § 31-11.6 (Self‑proved wills) – Allows admission without live witness testimony and creates evidentiary presumptions.
• North Carolina Gen. Stat. § 31-32 (Caveat; time to file) – Permits interested parties to caveat and sets the three‑year limitations period after probate in common form.
• North Carolina Gen. Stat. § 31-33 (Procedure after caveat) – Requires transfer to Superior Court for jury trial and service on interested parties.

Analysis

Apply the Rule to the Facts: As a non‑resident heir, you have standing to file a caveat if the will’s probate affects your inheritance. First, the will’s proponent will rely on witness affidavits or a self‑proving affidavit to show proper execution. Your task is to present specific proof—such as witness testimony contradicting execution, handwriting analysis disputing signatures, or evidence of post‑signing changes—to show the paper is not the decedent’s genuine will.

Process & Timing

1. Who files: An interested heir or beneficiary. Where: Clerk of Superior Court in the North Carolina county where the will was probated. What: A written caveat to the will; the Clerk issues process and transfers the case to Superior Court for jury trial. When: File within three years after the will was admitted in common form; if a petition for probate in solemn form is pending, file before the Clerk’s hearing.
2. After filing, the Clerk transfers the case to Superior Court and freezes distributions while the caveat is pending. The court aligns parties, orders service, and sets discovery. Expect several months for discovery (witnesses, notary information, handwriting/document experts) before trial.
3. Final resolution occurs by jury verdict or approved settlement. The Superior Court enters judgment upholding or setting aside the will and sends the case back to the Clerk for administration consistent with that judgment.

Exceptions & Pitfalls

• If the will was probated in solemn form and you were properly served but did not object, you may be barred from filing a caveat later.
• Self‑proved wills carry a strong evidentiary presumption; plan to offer detailed, credible contrary proof (e.g., witness impeachment, forensic document analysis).
• Do not accept benefits under the will you plan to challenge; doing so can bar your caveat unless a narrow exception applies.
• Offer any other script (earlier or later will) you contend is valid in the same caveat; failing to do so can prevent you from probating it later.
• Secure the original document; avoid altering staples, pages, or marks—opponents may raise chain‑of‑custody or spoliation concerns.

Talk to a Probate Attorney

If you’re dealing with a suspected forged or altered will and need to challenge its validity, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.