Jan232026
Probate Q&A Series

Can your firm help if there’s a dispute over a will, or would I need a different attorney for that? – North Carolina

Short Answer

In North Carolina, a dispute over a will can mean very different things: routine probate administration issues, or a true will contest (called a “caveat”). Many firms that handle estate planning and probate administration do not handle caveat litigation, because a caveat is a court case that is transferred to Superior Court and typically tried to a jury. A probate attorney can often help identify what type of dispute exists, protect deadlines, and either handle the matter or refer it to litigation counsel if a caveat is needed.

Understanding the Problem

In North Carolina probate, the key question is: can a law firm handle a will-related dispute as part of probate administration, or does the dispute require a separate litigation case to challenge the will’s validity. A will dispute may involve the Clerk of Superior Court’s estate administration process, or it may require a formal challenge to the will itself. The answer often turns on whether the dispute is about administering the estate under an accepted will, or about whether the will should be treated as valid at all.

Apply the Law

North Carolina recognizes a formal will contest procedure called a “caveat.” A caveat is a direct challenge to the validity of a will (often based on issues like lack of testamentary capacity or undue influence). Caveats start in the Clerk of Superior Court’s estate file, but the case is transferred to Superior Court for trial by jury. By contrast, many probate disputes are not caveats; they involve administration steps handled through the Clerk of Superior Court, such as collecting assets, paying claims, filing inventories and accountings, and making distributions.

Key Requirements

  • Identify the type of dispute: A disagreement about how the executor is administering the estate is different from a challenge to whether the will is valid.
  • Confirm standing (“interested party”): A caveat can only be filed by someone who is legally “interested” in the estate (for example, someone who would benefit if the will is invalid).
  • Watch the caveat deadline and forum: A caveat is filed with the Clerk of Superior Court and must be filed within the statutory time limit, then it is transferred to Superior Court for a jury trial.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an “elder law” type concern where it is not yet clear whether the issue is routine probate/estate planning work or a will contest based on undue influence or capacity. Under North Carolina practice, that distinction matters because a true will contest is a caveat that becomes a Superior Court case with formal service, party alignment, and litigation steps. A firm that handles estate planning and probate administration may still be able to help clarify the issue, gather the right documents, and determine whether the situation calls for probate administration help or caveat litigation counsel.

Process & Timing

  1. Who files: An “interested party” files if the goal is to contest the will’s validity. Where: The caveat is filed with the Clerk of Superior Court in the decedent’s estate file in the county where the estate is administered. What: A caveat pleading filed in the estate file, followed by formal service on interested parties. When: Generally, within three years after the will is probated in common form (with limited extensions for certain legal disabilities). See N.C. Gen. Stat. § 31-32.
  2. Transfer and alignment: After filing, the clerk transfers the case to Superior Court for a jury trial, and the court holds an alignment process so interested parties are placed on the “caveator” or “propounder” side. See N.C. Gen. Stat. § 31-33.
  3. Estate administration during the dispute: While the caveat is pending, distributions are generally paused, but the personal representative may still handle preservation of assets and certain bills, taxes, and administration expenses using the notice/objection process. See N.C. Gen. Stat. § 31-36.

Exceptions & Pitfalls

  • Not every “will dispute” is a caveat: Many conflicts are really about executor conduct, missing information, or distribution timing—issues that may stay with the Clerk of Superior Court as part of estate administration.
  • Caveats are litigation: A caveat is transferred to Superior Court and is handled like a civil case, including formal service and a structured process for aligning parties. That is a different workload than routine probate administration.
  • Capacity and undue influence claims are evidence-heavy: These cases often turn on medical records, witness testimony, and the circumstances around signing. Early document preservation and a clear timeline can matter.
  • Distributions can be frozen: Filing a caveat can pause distributions, which can create practical pressure on families and on estate expenses. See N.C. Gen. Stat. § 31-36.

Conclusion

In North Carolina, a dispute over a will may be handled as part of probate administration, or it may require a formal will contest called a caveat. A caveat is filed with the Clerk of Superior Court and is then transferred to Superior Court for a jury trial, and it is often subject to a three-year deadline tied to probate in common form. The next step is to identify whether the issue is administration under the will or a validity challenge, and if it is a validity challenge, file the caveat with the Clerk of Superior Court within the applicable deadline.

Talk to a Probate Attorney

If there’s a dispute over a will and it is unclear whether the issue is probate administration or a will contest, our firm has experienced attorneys who can help clarify the right process and timelines and, if needed, coordinate with litigation counsel. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.