Short Answer

In North Carolina, a will contest is called a “caveat.” You file it with the Clerk of Superior Court in the county where the will was probated, and the case is then tried by a jury in Superior Court. A surviving spouse has standing to file, but strict timing rules apply. If an online referral site is down, use local court resources and targeted searches to find an attorney who handles caveats and estate litigation.

Understanding the Problem

You want to find a North Carolina probate lawyer who handles will contests so you can challenge your spouse’s will. The key decision is how to quickly identify the right attorney to file a caveat in the proper county. The state referral website is inaccessible, so you need reliable alternatives in North Carolina that keep you on track and within any deadlines.

Apply the Law

Under North Carolina law, a will contest (caveat) challenges whether a document is the decedent’s valid last will. A surviving spouse is an “interested” party with standing to file. You start by filing the caveat with the Clerk of Superior Court in the county where probate is pending; the matter is then transferred to Superior Court for a jury to decide whether the document is the will. Core deadlines include: within three years after probate in common form, or before the hearing if the will is being probated in solemn form. A separate spousal right—the elective share—must be claimed within six months after the court issues estate letters.

Key Requirements

• Standing as an interested party: A surviving spouse qualifies to challenge the will.
• File in the right place: File the caveat with the Clerk of Superior Court in the county where the will was probated; the case is then tried in Superior Court.
• Meet the clock: File within three years after probate in common form, or before the solemn-form hearing; an elective share claim has a six-month post-letters deadline.
• Notice and parties: Interested parties must receive proper service; the court aligns parties and proceeds as an in rem jury trial on the will’s validity.
• Grounds to contest: Typical grounds include improper execution, lack of testamentary capacity, undue influence, fraud, duress, or revocation.
• Estate “freeze” during the case: Once a caveat is filed, the personal representative is restricted from distributions and may pay only limited items with notice and approval.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; who and when) – Standing and the three-year window after probate in common form; special timing rules in other settings.
• North Carolina Gen. Stat. § 31-33 (Procedure after caveat) – Transfer to Superior Court, notice to interested parties, jury trial.
• North Carolina Gen. Stat. § 28A-2A-7 (Solemn-form probate) – If a will is probated in solemn form, an objection must be raised before or at the hearing.
• North Carolina Gen. Stat. § 30-3.4 (Elective share procedure) – Surviving spouse must file the elective-share petition within six months after letters issue.

Analysis

Apply the Rule to the Facts: As a surviving spouse in North Carolina, you have standing to file a caveat. If your spouse’s will has been probated in common form, you generally have up to three years from probate to file; if solemn-form probate is underway, you must act before the hearing. Because the referral website is down, promptly identify counsel who routinely handles caveats so you can file in the correct county and preserve any separate six-month elective share right if needed.

Process & Timing

1. Who files: The surviving spouse (through counsel). Where: Clerk of Superior Court in the North Carolina county where the will was probated. What: File a caveat (will contest) in the estate file; pay the statutory filing fee. When: Within three years after probate in common form, or before the solemn-form hearing; elective share must be filed within six months after letters issue.
2. After filing: The Clerk transfers the case to Superior Court. The court aligns parties and issues orders that restrict the personal representative from making distributions while the caveat is pending. Timelines vary by county; discovery and pretrial matters often span several months.
3. Final step: A Superior Court jury decides whether the document is the decedent’s will. The judge enters judgment, and the matter returns to the Clerk for estate administration consistent with the ruling.

Exceptions & Pitfalls

• Solemn-form bar: If the will was probated in solemn form with proper notice, later caveats by served parties are barred.
• Living probate: Parties properly served in a living-probate case can be barred from later contesting the validated will.
• Tolling limits: The caveat deadline may differ for minors or incompetents; do not assume extra time applies to you.
• Service traps: Follow Rule 4 service strictly in estate proceedings; defective service can jeopardize your case.
• All scripts at once: If multiple writings may be wills, present them all in the caveat; holding back can forfeit later probate of another document.
• Elective-share waiver/deadline: Prenup/postnup waivers can limit rights; the six-month elective-share deadline is short and separate from caveat timing.

Talk to a Probate Attorney

If you’re dealing with a family dispute over a will and need to contest it in North Carolina, 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.