Detailed Answer

When a relative’s will appears suspicious and disinherits rightful heirs, North Carolina law gives interested parties a clear path to challenge the document. You must act promptly and follow specific steps under the North Carolina General Statutes (Chapter 28A and Chapter 31). Below is an overview of the process.

1. Confirm Your Standing

North Carolina allows two groups to contest a will:

• Beneficiaries named in a prior valid will. If you appear in an earlier will, you may challenge the new one.
• Heirs at law. If the will disinherits you but you would inherit under the intestacy rules, you have standing.

2. File a Caveat Petition

To begin, file a caveat petition in the Clerk of Superior Court’s office in the county where the decedent lived at death. The caveat stops the court from admitting the will for probate until you resolve the dispute. This procedure appears in N.C.G.S. § 31-5.

3. State Your Grounds

In your caveat petition, clearly allege one or more of the following defects:

• Lack of testamentary capacity. Claim the testator did not understand the nature and consequences of the will at signing.
• Undue influence. Argue that someone used pressure or manipulation to control the testator’s decision.
• Fraud or forgery. Assert the will or signature is counterfeit or was obtained through deceit.
• Improper execution. Maintain the will lacks valid signatures or witness attestations under N.C.G.S. § 31-2.

4. Attend the Caveat Hearing

After you file, the clerk issues a citation and sets a hearing date. At the hearing, present evidence and witness testimony supporting your allegations. The other side may cross-examine your witnesses and offer its own evidence.

5. Seek to Set Aside Probate

If you did not file a caveat before probate, or if the court admitted the will despite your caveat, you can ask the court to set aside the probate decree within three years of admission for fraud or forgery under N.C.G.S. § 31-4.5. You may also bring a civil action within three years under the general three-year statute of limitations, N.C.G.S. § 1-52(16).

6. Obtain Relief

If the court finds in your favor, it will deny probate of the contested will. The court then admits any prior valid will or distributes assets under North Carolina’s intestacy rules. At that point, the rightful heirs receive their proper shares.

Key Points to Remember

• Act quickly: file a caveat before probate or move to set aside within three years of admission.
• Gather clear evidence: medical records, witness statements, and financial documents help prove lack of capacity or undue influence.
• Follow form requirements: your petition must meet statutory guidelines in N.C.G.S. § 31-5.
• Consider settlement: many disputes resolve through negotiation before trial.
• Work with an attorney: probate rules are technical. Skilled probate attorneys guide you through deadlines and courtroom procedure.

Contact Pierce Law Group

Contesting a will can feel overwhelming. Pierce Law Group’s experienced attorneys help you protect your rights and preserve your family’s legacy. To discuss your situation, email us at intake@piercelaw.com or call us at (919) 341-7055.