Short Answer

No. In North Carolina, you do not need express “I disinherit you” language to challenge a will. An omitted child can file a will caveat if they have standing and valid legal grounds (such as improper execution, lack of capacity, undue influence, fraud, duress, or mistake). Omission alone is not a ground to set aside a will. Separate rules may protect only after-born or after-adopted children.

Understanding the Problem

You’re asking whether a North Carolina will must expressly say you are disinherited before you can contest it. The will here gives all property to adult children and omits you; you were a minor when the will was signed. The issue is whether omission, without explicit disinheritance wording, affects your ability to challenge the will in probate.

Apply the Law

Under North Carolina law, a will can be challenged by a “caveat.” A caveat requires that you (1) have a real financial stake in the outcome, (2) identify one or more recognized legal grounds to invalidate the will, and (3) file within the statutory time limits. North Carolina does not require explicit disinheritance language to allow a challenge, and omission of a living child is not, by itself, a defect. A separate statute protects only children born or adopted after the will is made. The Clerk of Superior Court handles probate intake; a caveat is filed with the Clerk and then transferred to Superior Court for a jury trial.

Key Requirements

• Standing: You must be “interested in the estate” (for example, a child who would inherit if the will is set aside).
• Recognized grounds: You must allege a valid basis to invalidate the will (e.g., improper execution, lack of testamentary capacity, undue influence, fraud, duress, or mistake). Mere omission is not enough.
• Timing: File a caveat within three years after probate in common form; if you were under 18, you generally have three years after turning 18. If probate proceeds in solemn form, you must object before the Clerk’s hearing.
• Forum: File the caveat with the Clerk of Superior Court in the county where the will was probated; the case is then tried in Superior Court before a jury.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; who may file; time) – Sets who can caveat a will and the three-year filing window (with tolling for minors).
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – Requires objections before the Clerk’s hearing and makes the result binding on served parties.
• North Carolina Gen. Stat. § 31-5.5 (After-born or after-adopted child) – Grants an intestate share to certain children born or adopted after the will, subject to exceptions.

Analysis

Apply the Rule to the Facts: Because you existed (though you were a minor) when the will was signed, the “after-born/adopted child” statute does not apply. Your omission alone does not invalidate the will. You likely have standing as a child whose financial share would change if the will is set aside, but you still need recognized grounds (for example, lack of capacity or undue influence at signing). If the will was already probated in common form, the three-year clock to file a caveat applies; if you were a minor, your time generally runs three years after turning 18.

Process & Timing

1. Who files: An “interested” child. Where: Clerk of Superior Court in the county where the will was probated. What: File a written “Caveat” to the probate of the will (there is no standard AOC caveat form). When: Typically within three years after probate in common form; if the estate seeks probate in solemn form, you must object before the Clerk’s hearing.
2. The Clerk records the caveat and transfers the case to Superior Court for a jury trial. During the caveat, the personal representative generally preserves assets and avoids distributions. Timelines vary by county.
3. After trial or settlement, the court either upholds the will (often in solemn form) or sets it aside, leading to an earlier will or intestacy, as applicable.

Exceptions & Pitfalls

• After-born or after-adopted children: Only children born or adopted after the will may qualify for a statutory intestate share under limited exceptions; living children omitted at the time of execution do not qualify by omission alone.
• Solemn form probate: If the estate proceeds in solemn form and you are properly served, you must object before the hearing or you may be bound by the result.
• Grounds matter: A caveat needs recognized legal grounds; mere unfairness or omission is not enough.
• Minors’ tolling: The three-year deadline is tolled until disability is removed, but do not delay if the will is moving to solemn form.
• Other remedies: A child’s year’s allowance (for qualifying children) is separate from a caveat and does not extend caveat deadlines; procedures and amounts can change, so act promptly.

Talk to a Probate Attorney

If you’re dealing with an omitted-child situation and need to assess your grounds and deadlines to contest a will, 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.