Short Answer

Yes. In North Carolina, once you file a will caveat (the formal challenge), the case moves to Superior Court and you can use civil discovery tools to obtain the decedent’s medical records and witness statements. Before filing, you may request records from the estate’s personal representative; if they refuse, you typically must file the caveat to issue subpoenas. Medical confidences can be disclosed by court order when justice requires.

Understanding the Problem

You want to know whether, in North Carolina probate, you can get medical records and witness statements to support a will contest. Here, the actor is an heir questioning a will; the action is filing a caveat; the relief is access to records and testimony to prove lack of capacity or forgery. One key fact: the will was allegedly executed while the parent was hospitalized.

Apply the Law

North Carolina treats a will contest (called a “caveat”) as a probate proceeding that begins with the Clerk of Superior Court and is tried in Superior Court. After filing a caveat, the normal Rules of Civil Procedure apply. You can use subpoenas, depositions, and document requests to obtain the decedent’s medical and hospital records, pharmacy histories, and testimony from attesting witnesses, the drafting/notarizing personnel, and other observers. Medical information is ordinarily confidential, but courts can order disclosure for the proper administration of justice. The main forum is Superior Court, and a core deadline is the three-year window to file a caveat after probate in common form.

Key Requirements

• Standing and Timing: You must be an interested party (such as an heir) and file the caveat on time to access court-backed discovery.
• Forum: File the caveat with the Clerk of Superior Court; it is transferred to Superior Court for jury trial and discovery.
• Discovery Tools: Use subpoenas and depositions (Rules 26 and 45) to obtain medical records and witness statements, including attesting witnesses and the drafting/notarizing personnel.
• Medical Confidentiality: A court may compel disclosure of medical information despite privilege when necessary to do justice; providers may also respond to a duly issued subpoena or court order.
• Estate Context: During a pending caveat, the personal representative is restricted from distributing assets; you may seek protective or preservation orders.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Time to file a caveat) – A caveat is generally due within three years after probate in common form.
• North Carolina Gen. Stat. § 31-33 (Procedure; transfer to Superior Court) – The Clerk transfers the caveat for trial; notice and alignment of parties follow.
• North Carolina Gen. Stat. § 1A-1 (Rules of Civil Procedure) – Discovery under Rules 26 and 45 permits document requests, subpoenas, and depositions.
• North Carolina Gen. Stat. § 8-53 (Physician–patient privilege) – Courts can order disclosure of medical information when necessary to the proper administration of justice.

Analysis

Apply the Rule to the Facts: As a disinherited child, you are an interested party with standing to file a caveat within the three-year window. Once filed and transferred to Superior Court, you may subpoena hospital and pharmacy records around the hospitalization to test capacity and medications at execution. You can depose the attesting witnesses and any person involved in the claimed “online” execution. If a minor is named as a beneficiary, expect a guardian ad litem and careful notice and alignment of parties.

Process & Timing

1. Who files: An interested party (e.g., heir). Where: Clerk of Superior Court in the North Carolina county where the will was probated. What: A written caveat initiating the will contest; the Clerk transfers it to Superior Court. When: File within three years after probate in common form, or before the hearing if the propounder seeks probate in solemn form.
2. After transfer, use discovery: serve Rule 45 subpoenas on hospitals, pharmacies, and the drafting/notarizing personnel; notice and take depositions of attesting witnesses; request the platform’s audit logs if the will was executed online. Expect a few weeks for third-party custodians to respond; timelines vary by county and custodian.
3. Seek any needed court orders: move to compel if a provider resists; request a protective order to limit who sees sensitive medical information; proceed to mediation or jury trial for a judgment admitting or denying the will.

Exceptions & Pitfalls

• Pre-filing access is limited: without cooperation from the personal representative, you may need to file the caveat to use subpoenas.
• Medical privilege: providers may require a court order; request one under § 8-53 and seek a protective order to address privacy.
• Notice and minors: if a beneficiary is a minor or unknown, the court may appoint a guardian ad litem; improper notice can delay the case.
• Dead Man’s Statute: certain testimony by interested parties about conversations with the decedent may be limited; rely on neutral witnesses and records.
• Preservation: move early to preserve electronic execution logs, emails, and device data tied to the alleged online signing.

Talk to a Probate Attorney

If you’re dealing with a suspected lack of capacity, undue influence, or possible forgery and need medical records and witness testimony, 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.