If I contest a will, what happens to the estate while the case is pending? – North Carolina

Short Answer

In North Carolina, a will contest is usually filed as a “caveat.” Once a caveat is filed, the Clerk of Superior Court issues an order that generally stops distributions to beneficiaries while the case is pending. The personal representative can still protect estate property and, with notice (and sometimes a hearing), pay certain expenses like taxes, funeral costs, and valid debts.

Understanding the Problem

In North Carolina probate, an interested person can contest a will by filing a caveat, which puts the will’s validity in dispute. The key decision point is: when a caveat is pending, can the estate still be administered, or does everything freeze until the court decides whether the will is valid? This question matters because estate bills may keep coming due even while the will contest is being litigated in the trial courts.

Apply the Law

North Carolina treats a will contest as a caveat proceeding, and the Clerk of Superior Court has a central role in supervising the estate while the caveat is pending. When a caveat is filed, the clerk must promptly enter an order that limits what the personal representative can do during the dispute. The overall goal is to preserve estate assets and prevent distributions that could be hard to unwind later, while still allowing necessary administration steps like safeguarding property and paying certain required expenses.

Key Requirements

A caveat is filed: The will’s validity is formally challenged, which triggers court supervision and restrictions during the dispute.
No beneficiary distributions during the caveat: The personal representative generally cannot distribute estate assets to beneficiaries while the case is pending.
Administration can continue in limited ways: The personal representative must preserve assets, keep up with required accountings, and may pay certain expenses and claims using a notice-and-objection process overseen by the clerk.

What the Statutes Say

N.C. Gen. Stat. § 31-36 (Effect of caveat on estate administration) – Requires the clerk to enter an order that stops distributions and commissions, requires accountings, and allows preservation of assets and certain payments under a notice-and-objection procedure.
N.C. Gen. Stat. § 1-24 (Time during controversy on probate of will or granting letters) – Addresses how time is counted for certain deadlines when there is a controversy over probate or estate administration.
N.C. Gen. Stat. § 31-39 (Probate necessary to pass title; rights of lien creditors and purchasers) – Explains the importance of probate timing for passing title and protecting against certain third-party claims.

Analysis

Apply the Rule to the Facts: Here, the issue is a planned will contest involving a deceased person’s estate in North Carolina. If an interested person files a caveat, the Clerk of Superior Court will enter an order that prevents distributions to beneficiaries while the caveat is pending. Even with that restriction, the personal representative generally remains responsible for protecting estate property, filing required accountings, and handling necessary expenses and claims using the notice process described in the statute.

Process & Timing

Who files: An interested person. Where: The Office of the Clerk of Superior Court in the county with jurisdiction over the estate. What: A caveat (will contest filing). When: The timing can be critical; in many situations the challenge must be raised before or at the probate hearing, and procedures can vary based on how the will is offered for probate.
Clerk’s order during the caveat: After the caveat is filed, the clerk issues an order that applies while the case is pending. The order generally stops beneficiary distributions and stops any advance or award of commissions to the personal representative, but still requires ongoing accountings.
Paying bills while the case is pending: The personal representative can usually pay certain items (like taxes, funeral expenses, liens, timely claims, and administration-related professional fees), but must first file a notice of intent to pay and serve it on the caveat parties. If a party objects within 10 days of service, the clerk schedules a hearing to decide whether the payment should be made.

Exceptions & Pitfalls

Assuming “everything stops”: A caveat usually stops distributions to beneficiaries, but it does not eliminate the need to preserve assets, keep records, and address necessary expenses through the clerk’s process.
Paying expenses without following the notice procedure: During a caveat, certain payments may require a filed notice and service on all caveat parties. Skipping that step can trigger disputes and court intervention.
Asset control disputes: If the parties disagree about where property should be kept, how it should be used, or whether something should be sold, the clerk can decide those issues if the parties cannot resolve them by agreement.

Conclusion

In North Carolina, filing a will contest (a caveat) usually pauses distributions to beneficiaries while the case is pending, and the Clerk of Superior Court supervises what the personal representative can do in the meantime. The personal representative must preserve estate property, keep up with required accountings, and may pay certain expenses and claims using a notice process that allows objections within 10 days. A practical next step is to file the caveat with the Clerk of Superior Court and promptly address any needed expense payments through the clerk’s notice procedure.

Talk to a Probate Attorney

If a will contest is likely and there is concern about distributions, bills, or protecting estate property while the case is pending, our firm has experienced attorneys who can help explain options and timelines under North Carolina probate procedure. 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.