Short Answer

In North Carolina, you start by asking the Clerk of Superior Court to admit the will to probate and issue estate letters. If there are execution defects or conflicting versions, file (or request) probate in solemn form so all interested parties get notice and the result is binding. If anyone contests, a will caveat moves the case to Superior Court for a jury to decide validity. While the dispute is pending, seek orders and limited authority so the fiduciary can protect the homes, pay liened debts, and secure possession, then record certified probate papers to perfect title.

Understanding the Problem

In North Carolina probate, you must resolve whether the will is valid and then use the probate orders to manage and transfer real estate. Here, the key decision is: can you get the will admitted when one copy lacks a witness signature and another version conflicts? The Clerk of Superior Court handles probate; if a dispute arises, the case moves to Superior Court. Mortgage and utility companies will not cooperate until the will’s validity is settled.

Apply the Law

North Carolina recognizes two probate tracks. Probate in common form is ex parte and faster but remains open to challenge. Probate in solemn form gives notice to interested parties; if unopposed, it is conclusive. A party who disputes the will must file a caveat, which transfers the case to Superior Court for a jury to decide whether the paper is the decedent’s last will. While a caveat is pending, the court restricts distributions but allows the fiduciary to preserve assets and pay certain necessary expenses after notice. A personal representative can seek court authority to take possession of estate real property, secure it, and, if needed, eject occupants. To perfect title for real estate, record certified probate documents in each county where the property lies.

Key Requirements

• Ask the Clerk to probate the will: File the original (or, if lost, a verified copy with proof) and prove due execution; choose probate in solemn form if there are defects or conflicting scripts.
• Resolve challenges by caveat: An interested party must file a caveat after probate; the case goes to Superior Court for a jury to decide validity.
• Get a fiduciary appointed and limited authority: Obtain letters so someone can secure the homes, insure them, and pay liened debts and critical bills with court notice while litigation is pending.
• Secure possession of the houses: Use an estate proceeding before the Clerk to obtain possession and, if necessary, eject unauthorized occupants.
• Protect title and creditors’ rights: After probate or judgment, record certified copies in each county where the real estate is located; follow two‑year rules affecting third parties.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – Notice-based probate; conclusive if uncontested; objections convert to a caveat.
• North Carolina Gen. Stat. § 31-32 (Time to file caveat) – Caveat generally must be filed within three years after probate in common form.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Authority to take possession of real property and eject occupants in an estate proceeding.
• North Carolina Gen. Stat. § 31-39 (Effect of probate on title) – Recording and two‑year protections affecting lien creditors and purchasers.

Analysis

Apply the Rule to the Facts: Because one copy lacks a witness signature and another conflicts, probate in solemn form lets the Clerk notify all interested parties and reach a binding result if unopposed. If a sibling contests, a caveat moves the dispute to Superior Court for a jury to determine the valid will. While that proceeds, the appointed fiduciary can seek approval to pay the mortgage (a lien debt) and essential expenses, and file an estate proceeding to gain possession and remove the unknown occupant. After validity is decided, record certified probate papers in each county to perfect title and satisfy lenders and utilities.

Process & Timing

1. Who files: The named executor or an interested devisee. Where: Clerk of Superior Court (Estates Division) in the decedent’s North Carolina county. What: AOC‑E‑201 (Application for Probate and Letters), original will or verified copy, and if needed AOC‑E‑300/E‑301 witness affidavits; request probate in solemn form. When: The named executor should apply promptly; if not within 60 days, another interested person may apply after 10 days’ notice to the executor.
2. If contested: An interested party files a caveat after probate; the Clerk transfers the case to Superior Court for a jury trial. While pending, seek an order allowing the fiduciary to preserve assets and pay lien debts and necessary bills after notice; expect motion hearings on short notice.
3. Secure title: After the court decides validity (or probate in solemn form becomes final), record certified copies of the will and certificate of probate—or the Superior Court judgment—with the Register of Deeds in each county where the homes are located. Then coordinate with lenders and utilities using updated Letters.

Exceptions & Pitfalls

• If an attested will has only one witness signature on its face, the Clerk may refuse probate as executed; consider whether another signed script exists, whether the writing meets holographic‑will requirements, or whether to petition to probate a lost or destroyed will by verified proof.
• During a caveat, the fiduciary cannot distribute to beneficiaries and must seek approval before paying specified expenses; follow notice procedures to avoid disallowed payments.
• Do not self‑help with occupants; use the estate proceeding to obtain possession and, if needed, eject.
• Record certified probate papers in every county with affected real estate; failing to do so can impair protection against lien creditors or purchasers within two years.
• Sales, leases, or mortgages by heirs/devisees within two years may be void as to creditors unless statutory creditor‑notice rules are satisfied and the fiduciary joins where required.

Talk to a Probate Attorney

If you’re dealing with a contested will and real estate that needs protection, 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.