Short Answer

In North Carolina, you challenge a will by filing a caveat with the Clerk of Superior Court in the county where the will was probated. You must have an interest in the estate and typically file within three years of probate in common form. The case is transferred to Superior Court for a jury to decide issues like undue influence or lack of capacity. While the case is pending, the personal representative’s ability to distribute assets is restricted.

Understanding the Problem

In North Carolina, an adult child who believes a caregiver manipulated a parent to change a will can ask: how do I contest that will and protect the estate? The decision point is whether to file a caveat (will contest) with the Clerk of Superior Court after the will is admitted to probate. Here, the nonfamily caregiver became executor and sole beneficiary under the new will. You want the court to decide if that document is valid.

Apply the Law

North Carolina resolves will challenges through a caveat proceeding. You file the caveat with the Clerk of Superior Court; the case then goes to Superior Court for a jury trial on whether the paper is the decedent’s true last will. Common grounds include undue influence, lack of testamentary capacity, fraud, or defects in execution. If the person benefiting stood in a confidential or fiduciary role and helped procure the will, North Carolina law recognizes a presumption that can shift the burden of producing evidence to rebut undue influence. During a caveat, the personal representative cannot distribute estate assets except for limited, court‑approved expenses.

Key Requirements

• Standing: You must be “interested in the estate” (for example, an heir-at-law or a beneficiary under an earlier will).
• Deadline: File within three years after probate in common form, or before the hearing if the will is being probated in solemn form.
• Forum: File the caveat with the Clerk of Superior Court; the matter is transferred to Superior Court for a jury trial.
• Grounds & proof: The will’s propounder first proves proper execution; then you show invalidity (e.g., undue influence, lack of capacity). A fiduciary/confidential relationship plus involvement in procuring the will can trigger a presumption of undue influence.
• Estate freeze: After a caveat, the Clerk issues orders limiting distributions; the personal representative may pay only specified expenses with notice and approval.
• Inter vivos transfers: To unwind deed transfers made before death (like a deed to a caregiver), file a separate civil action (e.g., to set aside the deed or impose a constructive trust) alongside the caveat.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; who and when) – Allows interested parties to file a caveat and sets the typical three‑year time limit after probate in common form.
• North Carolina Gen. Stat. § 31-33 (Procedure; transfer; notice) – Clerk transfers the case to Superior Court, provides notice, and aligns parties.
• North Carolina Gen. Stat. § 31-36 (Estate administration during caveat) – Bars distributions and allows limited payments with notice while the caveat is pending.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – If a will is probated in solemn form, objections must be raised before or at the Clerk’s hearing; the decision binds properly noticed parties.

Analysis

Apply the Rule to the Facts: You are an interested party (as a child and holder of an older will), so you have standing to file a caveat. The caregiver’s role and benefit under the new will, combined with the assisted living context, fit the undue influence framework that North Carolina courts examine. File the caveat within three years of probate (or before any solemn‑form hearing) and present the older will for consideration. Because a deed was signed transferring the residence to the caregiver before death, file a separate civil action to set aside that deed and seek recovery for the estate.

Process & Timing

1. Who files: An interested party (heir or prior‑will beneficiary). Where: Clerk of Superior Court in the county where the will was probated. What: A written caveat (will contest) filed in the estate file; concurrently move for orders restricting distributions during the caveat. When: Within three years after probate in common form, or before the Clerk’s hearing in a solemn‑form probate.
2. After filing, the Clerk issues notices and transfers the case to Superior Court. While pending, the personal representative must preserve assets and may pay only allowed expenses after notice; expect case scheduling to vary by county.
3. The Superior Court jury decides validity. If the caveat succeeds, the court either admits a prior valid will or the estate passes by intestacy. The matter returns to the Clerk for continued administration under the court’s judgment.

Exceptions & Pitfalls

• If the will was probated in solemn form and you were properly served, you may be barred from later filing a caveat.
• Bring forward any prior will you want considered in the caveat; failing to do so can limit your options later.
• Don’t rely on the caveat to fix lifetime transfers: use a separate civil action to set aside deeds or recover assets moved before death.
• Act quickly to request asset‑preservation orders and to require inventories/accountings; delay can make recovery harder.
• Notice and service matter: confirm the Clerk has correct addresses for interested parties to avoid binding orders without your input.

Talk to a Probate Attorney

If you’re dealing with a last‑minute will change favoring a caregiver and possible lifetime transfers, 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.