What should I do if I suspect someone took the original will or forged parts of it? – North Carolina

Short Answer

In North Carolina, the practical first step is to act quickly through the Clerk of Superior Court in the county where the estate is (or will be) administered: ask whether an original will has been filed and consider starting a proceeding to probate a lost will (using a copy) or to challenge a will you believe is forged. A missing original can trigger a presumption that the will was revoked, so the case often turns on proving the will was properly signed, what it said, and why the original is missing. If forgery is suspected, a formal will challenge (a “caveat”) may be needed to stop a questionable document from controlling the estate.

Understanding the Problem

In North Carolina probate, the key decision point is whether the issue is a missing original (only a copy exists) or a questionable document (the will or parts of it appear altered or forged). The actor is typically an interested person (such as a beneficiary or family member) who believes a named individual is withholding the original will or tampered with it. The relief sought is for the Clerk of Superior Court to accept the correct will for probate (even if the original is missing) or for the court system to decide whether the will is valid when fraud or forgery is alleged.

Apply the Law

North Carolina probate starts with the Clerk of Superior Court. When the original will cannot be found, North Carolina law allows a “lost will” proceeding in which the person offering the will must prove, with strong evidence, that the will was properly executed, what it said, and that it was lost or destroyed without the testator intending to revoke it. If the will was last known to be in the testator’s possession and cannot be found after death, North Carolina courts may presume the testator revoked it—so evidence explaining the missing original matters. If the concern is forgery or improper execution, the usual path is a will contest (a caveat), which moves the dispute into a formal court process.

Key Requirements

Proof the will was properly executed: Evidence that the will was signed and witnessed in the way North Carolina requires (or that it was self-proved), even if the original paper is missing.
Proof of the will’s contents: Evidence of what the will actually said (a copy is often important evidence, but other proof can be used if needed).
Proof explaining the missing original (and a diligent search): Evidence that the original was lost, destroyed, or withheld, plus a good-faith search in the places it would likely be found, and facts showing the testator did not revoke it.

What the Statutes Say

N.C. Gen. Stat. § 31-11 (Will depository with the Clerk of Superior Court) – Allows a living person to deposit a will with the clerk for safekeeping, which can matter when an original is “missing.”
N.C. Gen. Stat. § 31-11.6 (Self-proved wills) – Describes how a will can be made self-proved, which can simplify proving execution if authenticity is challenged.
N.C. Gen. Stat. § 98-4 (Copy of lost will may be probated in certain lost-record situations) – Provides a statutory route for probating a copy in specific circumstances involving lost or destroyed will records.

Analysis

Apply the Rule to the Facts: Here, only a copy of the will exists and a named individual is suspected of withholding the original. That fact pattern typically calls for (1) confirming with the Clerk of Superior Court whether any original will has already been filed, and (2) preparing to prove the will’s execution and contents using the copy and witness evidence. Because the original is missing, the case often turns on evidence of a diligent search and facts showing the will was not revoked (for example, the will was last known to be held by someone other than the decedent, or circumstances suggest it was lost or taken). If the copy appears altered or the signatures look suspicious, a caveat may be necessary to put validity and authenticity in front of the court.

Process & Timing

Who files: An executor named in the will, a beneficiary, or another interested person. Where: The Estates Division of the Clerk of Superior Court in the North Carolina county where the estate is being handled. What: A filing to probate the will (or a petition/proceeding to probate a lost will using a copy), and if forgery is alleged, a will contest (caveat) in the appropriate forum. When: As soon as the issue is identified, because estate administration can move forward once a will is accepted and letters are issued.
Gather proof: Locate the subscribing witnesses (or other competent evidence) to show due execution; collect the best available version of the will copy; document the search for the original (places searched, dates, and who searched); and preserve communications showing non-cooperation or withholding.
Litigation track if needed: If the dispute is over authenticity (forgery/alteration) or whether the missing original was revoked, the matter can become contested and require formal evidence, hearings, and potentially a jury trial on disputed facts.

Exceptions & Pitfalls

Presumption of revocation: If the original will was last known to be in the decedent’s possession and cannot be found after death, North Carolina law may presume the decedent revoked it. A lost-will case often succeeds or fails on the quality of evidence rebutting that presumption.
Not documenting the search: Courts expect a good-faith, diligent search in the places the original would likely be found. Vague statements like “it can’t be found” are usually not enough.
Waiting until after the estate moves forward: Delay can allow property transfers and administrative steps that increase cost and complexity. Prompt action also helps preserve evidence (witness memory, handwriting samples, original paper trails).
Assuming a copy automatically controls: A copy can be strong evidence of contents, but North Carolina typically requires proof of execution and proof explaining why the original is missing.
Mixing issues: A missing original is not the same as forgery. A lost-will proceeding focuses on proving a valid will existed and was not revoked; a caveat focuses on whether the offered will is valid (including whether it is forged or improperly executed).

For more on challenging authenticity concerns in probate, see how to challenge a will believed to be forged or improperly witnessed and what to do when signatures or pages appear changed after death.

Conclusion

In North Carolina, a missing original will does not always end the matter, but it usually requires a focused “lost will” approach: prove proper execution, prove the will’s contents (often with the copy), and prove the original is missing for reasons other than the decedent revoking it, supported by a documented diligent search. If the concern is forgery or alteration, a caveat may be needed to put validity in dispute. Next step: file the appropriate probate or contested proceeding with the Clerk of Superior Court promptly after the issue is identified.

Talk to a Probate Attorney

If there is a missing original will or a concern that someone forged or altered parts of a will, our firm has experienced attorneys who can help explain the probate options, what evidence matters, and how quickly action may be needed. 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.