Answer: Navigating the Next Steps After a Responsive Pleading in North Carolina Probate Litigation

When someone files an answer or objection to a probate petition under North Carolina law, the case becomes a contested probate matter. At that point, you must follow a series of steps—set by statute and court rule—to move your case toward resolution.

1. The Matter Is “At Issue”

Under N.C. Gen. Stat. § 28A-1-23(2), a contest begins the moment an interested person files a responsive pleading to a petition. The petition and the answer are then officially “at issue.”

2. The Court Sets a Hearing Date

Once the case is at issue, the clerk of court or the judge schedules a hearing on the original petition or contest. North Carolina law requires notice of that hearing to all interested parties, typically at least ten days before the date of the hearing. See N.C. Gen. Stat. § 28A-6-2.

3. Exchange Evidence Through Discovery

Contested probate matters follow the North Carolina Rules of Civil Procedure. You and the other side can:

• Serve and respond to interrogatories (Rule 33);
• Request production of documents (Rule 34);
• Obtain admissions (Rule 36);
• Take depositions of witnesses under oath.

This phase lets each party gather facts and plan how to present evidence at the hearing.

4. Explore Mediation or Settlement

Before your hearing, you may ask the court to refer the matter to mediation. Many judges encourage mediation to resolve disputes more quickly and cost-effectively.

5. File Pre-Hearing Motions

Either side can file motions to address procedural or evidentiary issues in advance of the hearing. Common pre-hearing motions include:

• Motions to compel discovery;
• Motions to strike improper allegations;
• Motions to continue the hearing if more time is needed.

6. Attend the Hearing

At the hearing, each party presents evidence through witness testimony, documents, and legal argument. The judge then rules: for example, admitting or rejecting a will, resolving disputes over the appointment or removal of an administrator, or deciding other contested issues.

7. Post-Hearing Order and Possible Appeal

After the hearing, the court issues an order reflecting its decision. If you disagree with that order, you may have the right to appeal—typically within 30 days under general civil appeal rules.

Key North Carolina Statutes

• N.C. Gen. Stat. § 28A-1-23 – Definitions and contested matters in probate administration
• N.C. Gen. Stat. § 28A-6-2 – Hearing on petitions; notice requirements

Quick Reference: Next Steps Checklist

• Confirm that the petition and answer are officially “at issue.”
• Watch for the court’s notice setting the hearing date.
• Begin discovery under Rules 33–36 of the North Carolina Rules of Civil Procedure.
• Discuss mediation or settlement options early.
• File any necessary pre-hearing motions on time.
• Prepare witnesses, exhibits, and legal arguments for the hearing.
• Note appeal deadlines if the court’s order does not favor you.

Contesting a will or other probate petition involves strict timelines and detailed procedures. Our attorneys at Pierce Law Group have extensive experience guiding clients through each phase of probate litigation—from responsive pleading to hearing and beyond. Let us help you protect your rights and present your case effectively.

Contact Pierce Law Group today:
Email: intake@piercelaw.com
Call: (919) 341-7055