What steps should I take to contest a suspicious will or handle multiple versions in North Carolina?
1. Detailed Answer
Contesting a will in North Carolina involves a formal court procedure governed by Chapter 28A of the North Carolina General Statutes. You must act promptly and follow specific steps to protect your interests.
1. Confirm Your Status as an Interested Party
North Carolina defines an “interested party” as someone entitled to benefit under the will or under intestacy rules if there were no valid will. (See N.C.G.S. § 28A-1-2.) Only an interested party may object to probate or file a contest.
2. Obtain All Versions of the Will
Request certified copies of every will version from the Clerk of Superior Court. Examine dates, signatures, witness affidavits and any notations. Collect originals wherever possible to preserve handwriting and signature evidence.
3. Identify Your Grounds to Contest
Common grounds include:
- Lack of testamentary capacity (the testator did not understand the nature of their acts).
- Undue influence or coercion by someone close to the testator.
- Fraud, forgery or suspicious alterations.
- Improper execution—missing or invalid witness signatures.
4. File a Will Contest or Objection
If the will already is probated, you must file a petition to contest within three years after the date probate is recorded. (See N.C.G.S. § 28A-8-2.)
If the will is offered but not yet admitted, you may appear at the probate hearing and file a written objection with the Clerk of Superior Court. State your grounds and serve all parties named in the hearing notice.
5. Serve Notice and Gather Evidence
After you file your contest or objection, serve a copy on the personal representative (or petitioner) and on every other interested party. Then gather evidence—medical records, witness affidavits, handwriting experts or deposition testimony—to support your claim.
6. Attend the Hearing and Present Your Case
The Clerk will schedule a probate hearing or set a trial date. Present all evidence, call witnesses and cross-examine opposing witnesses. The court will decide which will version—if any—meets statutory requirements for validity.
7. Handling Multiple Versions
If you uncover a later will, petition the court to admit it under the same procedure. North Carolina law presumes the last validly executed document controls. Provide certified copies and proof of proper signing and witnessing.
8. Consider Settlement or Mediation
In some cases, parties reach an agreement without a full trial. Mediation can save time and costs. A binding settlement may avoid the risks of litigation.
2. Key Steps at a Glance
- Verify your status as an interested party (N.C.G.S. § 28A-1-2).
- Obtain and compare all will versions from the Clerk of Superior Court.
- Identify grounds: capacity, undue influence, fraud, forgery or improper execution.
- File a contest petition within three years after probate (N.C.G.S. § 28A-8-2), or object at the probate hearing if not yet admitted.
- Serve notice on the personal representative and all interested parties.
- Collect evidence: medical records, affidavits, expert reports, depositions.
- Attend the court hearing, present witnesses and evidence.
- For a later will version, petition to admit the most recent valid document.
- Explore settlement or mediation to avoid lengthy litigation.
Contesting a suspicious will or resolving multiple versions requires close attention to deadlines and strict adherence to procedure. The sooner you act, the stronger your position.
Ready to Protect Your Rights? At Pierce Law Group, our attorneys handle complex probate matters every day. We guide you through each step—from identifying grounds to presenting evidence at a hearing. Contact us for a consultation today by emailing intake@piercelaw.com or calling (919) 341-7055.
