Jan202026
Probate Q&A Series

How do I challenge a will I believe was forged or signed without proper witnesses? – North Carolina

Short Answer

In North Carolina, the usual way to challenge a will for forgery or improper witnessing is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. A caveat must generally be filed within three years after the will is probated in common form, and it transfers the dispute to Superior Court for a jury trial. If the will is “self-proved,” the court may accept the notarized self-proving affidavit as evidence of proper execution, but forgery and witness problems can still be litigated in the caveat case.

Understanding the Problem

In North Carolina probate, the key question is: can an interested person challenge a will after a relative presents a later document that appears not to be the decedent’s true will because the signature is not genuine or the required witnesses were not present? The issue usually comes up right after death, when someone produces a “new” will and tries to use it to control the estate, including who has authority over the decedent’s home and property. The decision point is whether the challenge should be made through a formal will-contest procedure in the estate file so the court can decide which document (if any) is valid.

Apply the Law

North Carolina treats a will contest as a specific type of case. The filing is called a caveat, and it is made in the decedent’s estate file before the Clerk of Superior Court. Once a caveat is filed, the clerk transfers the case to Superior Court for a jury trial on whether the paper offered is the decedent’s valid will. A common trigger is that the will has been admitted to probate in “common form” (an administrative probate without advance notice to all heirs), which starts the main limitations period to contest.

Key Requirements

  • Standing (an “interested party”): The person filing must have a real stake in the estate (for example, someone who would inherit if the challenged will is invalid or if an earlier will controls).
  • Timely filing: The caveat must generally be filed within three years after probate in common form (with limited extensions for minors and certain disabilities).
  • A legally recognized ground: The challenge must fit a recognized reason the will is not valid, such as forgery (not the decedent’s signature) or lack of due execution (not properly signed/attested under North Carolina’s will formalities).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a purported later will has been presented after the decedent’s death, and there is a concern that the signature is not genuine or that the will was not properly witnessed. If the will has been (or is about to be) admitted to probate, the direct procedural tool to force a court review of authenticity and execution formalities is a caveat filed in the estate file. Because a relative has moved into the decedent’s home and is acting as if the later will controls, a caveat can be paired with early case steps (through counsel) aimed at preserving the status quo while the validity of the will is decided.

Process & Timing

  1. Who files: an interested person (often an heir under intestacy or a beneficiary under an earlier will). Where: the decedent’s estate file with the Clerk of Superior Court in the county where the estate is being administered. What: a caveat to the will’s probate, filed in the estate file. When: at probate or generally within three years after the will is probated in common form.
  2. Service and party alignment: after filing, the caveat must be served on interested parties under the civil rules, and the court holds a hearing to align parties (who is on the “caveator” side and who is on the “propounder” side). Parties who do not appear can still be bound by the result.
  3. Superior Court litigation and trial: the case proceeds in Superior Court toward a jury trial on whether the document is the valid will. Evidence often includes testimony from the subscribing witnesses (if available), notary records if the will is self-proved, handwriting comparisons, and surrounding circumstances of signing.

Exceptions & Pitfalls

  • Probate in solemn form can cut off later caveats: if the will was probated in solemn form and an interested party was properly served, that party may be barred from filing a later caveat.
  • “Self-proved” does not mean “unchallengeable”: a self-proving affidavit can streamline proof of execution, but a caveat can still raise forgery or other validity problems; the case just starts with different evidence on execution.
  • Witness problems are fact-specific: even when subscribing witnesses cannot be located or are unavailable, North Carolina probate practice allows other competent evidence in some situations to prove what happened at signing. That can make “no witnesses” arguments harder than expected unless the evidence truly shows the required formalities were not met.
  • Do not confuse “caveat” with other filings: some filings (such as certain actions to change the wording of a will) can have procedural consequences. Strategy should be chosen carefully so the will contest is not unintentionally complicated.
  • Property control is a separate pressure point: a will contest decides validity, but a relative occupying estate property may require additional court steps (through the estate or a related civil action) to address possession while the caveat is pending.

Conclusion

In North Carolina, the standard way to challenge a will believed to be forged or not properly witnessed is to file a caveat in the decedent’s estate file with the Clerk of Superior Court, which then transfers the case to Superior Court for a jury trial. The key threshold is being an interested party, and the most important deadline is usually three years from probate in common form. The next step is to file the caveat in the estate file before that deadline.

Talk to a Probate Attorney

If a later will appears after a death and there are red flags like forgery or missing witnesses, a caveat can be time-sensitive and procedure-heavy. Our firm has experienced attorneys who can help explain options, preserve evidence, and track deadlines. 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.