Short Answer

Yes. In North Carolina, you can challenge a deed signed under undue influence, fraud, or lack of capacity in Superior Court, and you can contest a suspicious will through a “caveat” filed with the Clerk of Superior Court. A will caveat generally must be filed within three years after the will is probated. While a caveat is pending, the personal representative must preserve estate assets and provide required inventories and accounts.

Understanding the Problem

In North Carolina probate matters, can an heir undo a deed and a last-minute will change when a caregiver took charge and had the parent sign both? One key fact here is that a nonfamily caregiver had the parent sign a deed gifting the home and also changed the will to benefit herself. The question is whether state law lets you unwind those transfers and force a proper estate accounting.

Apply the Law

North Carolina law provides two main tracks: (1) contest the will through a caveat filed with the Clerk of Superior Court (the case then goes to Superior Court for trial), and (2) bring a separate civil action in Superior Court to set aside lifetime transfers (like a deed) based on undue influence, fraud, or lack of capacity, or to impose a constructive trust. Heirs and prior-will beneficiaries have standing. A caveat must be filed within three years after probate in common form. The personal representative must file an inventory within three months of qualifying and can be suspended or removed for misconduct.

Key Requirements

• Standing: You must be an “interested” person (heir-at-law, prior-will beneficiary, or other person whose share changes if the challenged will or deed is set aside).
• Timing: File a will caveat within three years after the will is probated in common form; deed challenges follow civil limitations (often three years from discovery for fraud/undue influence; timing can vary).
• Grounds: Show undue influence, fraud, or lack of capacity. Courts look for red flags such as isolation, a sudden change from a prior plan, and a beneficiary who procured the documents.
• Forum: Caveat starts with the Clerk of Superior Court (then to Superior Court). Deed cancellation and constructive trust claims are filed in Superior Court.
• Asset protection: While a caveat is pending, the personal representative must preserve assets and cannot distribute to beneficiaries; you can also seek orders to prevent dissipation and require inventories/accounts.
• Fiduciary oversight: If the personal representative withholds information or mismanages assets, you can move to compel filings or seek suspension/removal.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; time to file) – Caveat to a will generally must be filed within three years after probate in common form.
• North Carolina Gen. Stat. § 31-33 (Procedure after caveat) – Clerk transfers the caveat to Superior Court; notice to interested parties.
• North Carolina Gen. Stat. § 31-36 (Estate administration during caveat) – Personal representative must preserve assets and file required accountings; no distributions while the caveat is pending.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – Grounds and process to remove a personal representative for misconduct or disqualification.

Analysis

Apply the Rule to the Facts: You are an interested heir who holds an older will. The caregiver allegedly procured a deed and a new will favoring herself—classic undue influence indicators. You can file a caveat to contest the will within three years after it was probated. Because a caveat does not reach lifetime transfers, you would also bring a separate Superior Court action to set aside the deed or impose a constructive trust, while compelling the personal representative to file inventories and accountings.

Process & Timing

1. Who files: An heir or prior-will beneficiary. Where: Clerk of Superior Court in the county where the will was probated. What: File a caveat (verified pleading) challenging the will for undue influence/lack of capacity; attach the prior will if available. When: Within three years after probate in common form.
2. Promptly request the Clerk to enforce estate oversight: the personal representative must file an inventory within three months of qualification and preserve assets while the caveat is pending. If information is withheld, move to compel filings or seek suspension/removal. These hearings are typically set in weeks to a few months, and timing can vary by county.
3. File a separate civil action in Superior Court to set aside the deed (or seek a constructive trust) based on undue influence, fraud, or lack of capacity. To prevent further transfers, record a notice of lis pendens and consider requesting a temporary restraining order or preliminary injunction. Final outcomes may include voiding the deed or returning the property or its value to the estate.

Exceptions & Pitfalls

• If the will was probated in solemn form with proper notice and you did not object at that hearing, later caveats are generally barred.
• A caveat does not undo a lifetime deed; you must file a separate civil action to challenge the deed.
• Limitations for deed challenges can run from discovery of the wrongdoing; act fast to avoid time bars and to stop further transfers (use lis pendens/injunction when appropriate).
• Serve all necessary parties properly; missing a grantee or interested party can delay or defeat relief.

Talk to a Probate Attorney

If you’re dealing with a deed or will changed under questionable circumstances, 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.