Dec212025
Probate Q&A Series

What steps are involved in a contested probate hearing to remove a fraudulent claimant? – North Carolina

Short Answer

In North Carolina, removing a fraudulent claimant in a contested probate matter usually means forcing the claimant to prove the claim in the proper forum and using the court’s procedures to limit, disallow, or dismiss the claim. The case often starts before the Clerk of Superior Court (as an “estate proceeding”), but some disputes—like a will contest (a “caveat”)—must be transferred to Superior Court for a jury trial. The key steps typically include filing the right pleading, serving all required parties, completing an alignment/initial hearing (in caveats), and presenting evidence at the contested hearing.

Understanding the Problem

In North Carolina probate administration, a common contested-hearing question is how a personal representative or an interested heir can get a court to reject a claim that is believed to be fraudulent. The decision point is which type of contested probate proceeding is actually pending—such as an estate proceeding before the Clerk of Superior Court, or a will contest that must be tried in Superior Court. The steps and timing for removing the claimant depend on that forum and on how the claim is framed (for example, a demand for estate assets versus a challenge to who inherits under the will).

Apply the Law

North Carolina handles many probate disputes as “estate proceedings” before the Clerk of Superior Court, using an estate summons and civil-service rules. But if the dispute is a will contest (a caveat), North Carolina law requires the Clerk to transfer the case to Superior Court for a jury trial, and the court holds a separate “alignment” hearing early in the case to decide which interested people are parties on each side. In a caveat, the party defending the will carries the initial burden to prove proper execution; after that, challengers must prove grounds like lack of capacity or undue influence by the greater weight of the evidence.

Key Requirements

  • Proper procedure and forum: The dispute must be filed and heard in the correct North Carolina tribunal (Clerk of Superior Court for many estate proceedings; Superior Court for a caveat).
  • Required parties and valid service: All required interested persons must be joined and served using the correct summons/notice rules, or the proceeding can stall or become vulnerable to challenge.
  • Evidence tied to a recognized ground: The court will not remove a claimant based on suspicion alone; the moving party must present admissible evidence that supports a legal basis to disallow, limit, or dismiss the claim (for example, fraud, lack of capacity, undue influence, or lack of standing/interest).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a late-life remarriage, possible capacity concerns, and transfers of property to a new spouse, followed by a contested probate proceeding over an allegedly fraudulent claim. Under North Carolina practice, the first step is to identify whether the “fraudulent claimant” is asserting rights through the will (which points toward a caveat) or asserting a separate claim against the estate (which may proceed as an estate proceeding before the Clerk of Superior Court unless transferred or otherwise routed to Superior Court). If the dispute is a caveat, the case must move to Superior Court, parties must be aligned, and the side defending the will must first prove due execution before the challengers present evidence of invalidity grounds.

Process & Timing

  1. Who files: Typically the personal representative, an heir, or another interested person. Where: Often starts in the Estates Division (estate file) at the Clerk of Superior Court in the county where the estate is administered; a caveat is filed in the estate file and then transferred to the Superior Court division for trial. What: A pleading asking the court to disallow/dismiss the claim (in an estate proceeding), or a caveat/response if the dispute is about the will’s validity. When: If the matter is a caveat, it must generally be filed within three years after probate in common form, subject to limited disability extensions.
  2. Service and the initial court conference: In contested estate proceedings before the clerk, the clerk issues an estate proceeding summons and service generally follows civil-service rules; the claimant must receive proper notice. In a caveat, the caveat is served on interested parties, and the caveator must then serve notice of an alignment hearing; the judge aligns interested parties with one side or the other, and non-appearing interested persons can be dismissed but still bound by the result.
  3. Contested hearing/trial and removal of the claimant: The court decides whether the claimant has a valid right to participate or recover. In a caveat, the case proceeds as a civil case in Superior Court, often with discovery, motion practice, and then a jury trial (unless settled and approved by the court). In an estate proceeding, the clerk (or, on appeal, the superior court) decides the dispute based on the evidence presented at the hearing and enters an order that can effectively remove the claimant’s asserted rights.

Exceptions & Pitfalls

  • Using the wrong procedure: A “fraudulent claimant” issue might be a will caveat, an estate proceeding before the clerk, a claim against the estate, or a separate civil action. Filing the wrong type of case can waste time and may create jurisdiction problems.
  • Missing necessary parties or defective service: North Carolina contested estate matters rely heavily on correct joinder and service. Missing an interested person or failing to properly serve the claimant can delay the hearing or undermine the order later.
  • Weak proof at the hearing: Courts focus on evidence. Capacity and undue influence issues often depend on medical records, witness testimony about the decedent’s functioning, and proof of the claimant’s role in the transaction or estate planning process. Fraud allegations also need specific facts and supporting proof, not conclusions.
  • Estate-administration restrictions during a caveat: When a caveat is pending, distributions are generally frozen and certain payments require notice and an objection window; failing to follow those steps can create additional disputes.

Conclusion

In North Carolina, the steps in a contested probate hearing to remove a fraudulent claimant depend on whether the dispute is an estate proceeding before the Clerk of Superior Court or a will contest (caveat) that must be transferred to Superior Court for a jury trial. The process generally requires filing the proper pleading in the estate file, serving and joining the required parties, completing any required alignment/initial hearing steps, and presenting evidence supporting a lawful basis to disallow the claim. For a will contest, a caveat generally must be filed within three years after probate in common form—file the caveat in the estate file with the Clerk of Superior Court by that deadline.

Talk to a Probate Attorney

If a contested probate case involves an allegedly fraudulent claimant, a clear plan for forum, parties, service, and evidence can make a major difference in how quickly the court can address the issue. Our firm has experienced attorneys who can help explain North Carolina probate procedure, prepare for the contested hearing, and track deadlines. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.