Short Answer

In North Carolina, a valid holographic (handwritten) will must be entirely in the parent’s handwriting and signed by the parent; no witnesses are required. If a sibling wrote and signed the document, it does not meet those requirements and can be challenged for improper execution or forgery. You contest a will by filing a “caveat” with the Clerk of Superior Court after the will is offered for probate (or at the same time you apply to probate it). The general deadline is three years after probate in common form, but shorter if a solemn-form hearing is noticed.

Understanding the Problem

In North Carolina, can you challenge a handwritten will when a sibling drafted and signed it, and no one has probated it yet? You, as an heir, want to stop an invalid will from controlling your parent’s estate. The key timing point is when the will is presented to the Clerk of Superior Court for probate.

Apply the Law

North Carolina recognizes handwritten wills, but they must be entirely in the testator’s handwriting and signed by the testator. A will contest (called a caveat) starts at the Clerk of Superior Court and is tried in Superior Court by a jury on the single question of whether the paper is the testator’s true last will. If someone seeks probate in solemn form, you must object before or at that hearing. If the will is admitted in common form, you generally have three years to file a caveat.

Key Requirements

• Standing (who can contest): You must be an “interested” person—typically an heir or someone whose share would change if the will is set aside.
• Holographic basics: The will must be entirely in your parent’s handwriting and signed by your parent; witnesses are not required for validity.
• Proof at probate: To admit a holographic will, the propounder must provide affidavits from three people familiar with your parent’s handwriting.
• When you can file: File a caveat at the time of the application for probate or within three years after probate in common form; for solemn form, you must file before or raise the issue at the hearing.
• Forum: File the caveat with the Clerk of Superior Court; the case transfers to Superior Court for a jury trial.
• Estate freeze during contest: Once a caveat is filed, the personal representative may not distribute assets and must preserve the estate, subject to limited payments approved by the clerk.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.4 (Holographic wills) – Must be entirely in the testator’s handwriting and signed by the testator.
• North Carolina Gen. Stat. § 28A-2A-9 (Proof of holographic will) – Requires proof by persons familiar with the testator’s handwriting.
• North Carolina Gen. Stat. § 31-32 (Caveat) – Who may file and the three-year limitations period after probate in common form.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – Requires objections be filed before or raised at the hearing; binding if not contested.

Analysis

Apply the Rule to the Facts: Because a sibling—not your parent—drafted and signed the paper, it does not qualify as a valid holographic will under North Carolina law. If no one witnessed it, it also fails as an attested will. Since it has not been probated, you cannot file a caveat yet; however, you can either monitor and caveat when it’s offered or apply to probate it yourself and file a caveat at the same time. If your sibling seeks probate in solemn form, you must object before or at that hearing.

Process & Timing

1. Who files: Any interested heir or beneficiary. Where: Clerk of Superior Court in the North Carolina county where your parent was domiciled. What: If no one has filed yet, you may file an Application for Probate and Letters (AOC-E-201) and simultaneously enter a caveat; if someone petitions for solemn-form probate, file a caveat or raise devisavit vel non before the hearing. When: The named executor has 60 days to apply; after that, an interested person may apply on 10 days’ notice. The caveat deadline is generally three years after probate in common form.
2. The clerk will transfer the caveat to Superior Court for a jury trial. During the caveat, the clerk orders the personal representative not to distribute assets and to preserve the estate; limited bills and taxes may be paid with notice and approval.
3. After trial (or approved settlement), the Superior Court enters judgment either admitting the will in solemn form or setting it aside. The clerk then administers the estate according to the judgment (another valid will, if any, or intestacy).

Exceptions & Pitfalls

• If the will is probated in solemn form and you were properly served, you cannot later file a caveat.
• Holographic wills do not require witnesses; the key is your parent’s handwriting and signature. Focus on handwriting/authorship and capacity/undue influence.
• File the caveat with the Clerk of Superior Court; filing directly in Superior Court risks dismissal.
• Offer any other scripts purporting to be wills in the caveat; holding one back can bar later probate of it.
• Attorney fees: a court may order the estate to pay a caveator’s fees only if the case has substantial merit and was brought in good faith. Clarify your retainer and billing terms in writing with your lawyer.

Talk to a Probate Attorney

If you’re facing a handwritten will that a sibling drafted and signed, 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.