How to Challenge a Potentially Forged Will Admitted in North Carolina Probate
1. Detailed Answer
When a will is admitted to probate in North Carolina, any interested person may contest its validity. Alleging forgery goes to the heart of whether the document truly represents the testator’s wishes. To challenge a potentially forged will, follow these general steps under North Carolina law:
1.1 Confirm Your Standing
Only an “interested person” may contest probate. Under North Carolina law, that generally includes beneficiaries, heirs at law, creditors and anyone entitled to share in the estate if the will is invalid. See N.C.G.S. § 28A-2-2.
1.2 Act Within the Statutory Deadline
North Carolina requires contests to a will be filed no later than 30 days after the date of first publication of the notice of probate. See N.C.G.S. § 28A-10-2. Missing this deadline generally forfeits your right to object.
1.3 File a Petition to Revoke Probate
Prepare and file a formal petition in the clerk’s office of the county where the probate occurred. Title your pleading as a “Petition to Revoke Probate and Set Aside Will.” In your petition, clearly state the grounds for alleging forgery and attach any evidence you possess, such as handwriting analyses or expert opinions.
1.4 Serve All Parties and the Personal Representative
After filing, you must serve a copy of your petition on the personal representative (executor), all named beneficiaries, and any other interested persons. This ensures everyone has an opportunity to respond and appear at the hearing.
1.5 Attend the Will Contest Hearing
The clerk of court will schedule a hearing. Present your evidence of forgery, which might include:
- Comparisons of the testator’s known signature samples
- Expert testimony on handwriting
- E-mails, letters or records showing the testator’s true intentions
If the clerk finds clear and convincing evidence of forgery, the court can revoke probate of the will and restore distribution under any prior valid will or, if none exists, under intestacy.
1.6 Consider an Independent Action if You Miss the Deadline
If you miss the 30-day contest period, you may still bring an independent civil action seeking to void the forged will. Commonly this falls under the general statute of limitations for fraud and forgery:
- N.C.G.S. § 1-52 allows up to three years after you discover the forgery.
- N.C.G.S. § 1-54 may extend relief to ten years for actions to recover property based on forgery.
Such actions proceed in superior court and require full proof of forgery and resulting damages.
2. Key Steps to Challenge a Forged Will
- Confirm you qualify as an interested person under N.C.G.S. § 28A-2-2.
- File your will contest within 30 days of first probate notice (N.C.G.S. § 28A-10-2).
- Draft and file a Petition to Revoke Probate in the probate clerk’s office.
- Serve the personal representative and all interested persons promptly.
- Gather handwriting samples, expert analysis and other proof of forgery.
- Attend the hearing and present clear and convincing evidence.
- If the deadline passed, consider an independent action under N.C.G.S. §§ 1-52 or 1-54.
Challenging a will on grounds of forgery requires prompt action and careful preparation of evidence. Our attorneys at Pierce Law Group have guided many families through complex probate contests. If you suspect a will has been forged, don’t wait. Reach out today to protect your interests.
Contact Us: For a personalized review of your case, email us at intake@piercelaw.com or call (919) 341-7055.
