Jan242026
Probate Q&A Series

What happens if I think assets were moved around or changed after my relative’s dementia got worse? – North Carolina

Short Answer

In North Carolina, concerns about assets being moved or changed during a relative’s dementia usually point to two tracks: (1) what happened before death under a guardianship or other authority, and (2) what happens after death in the estate administration. Practical next steps often include locating the estate file and any guardianship file at the Clerk of Superior Court, reviewing inventories and accountings, and—if a will is involved—considering a caveat (will contest) within the legal deadline.

Understanding the Problem

In North Carolina probate, the key question is often: can a family member challenge transfers or changes made after a relative’s dementia worsened, especially when the relative later died and a will may exist but the executor and terms are unknown? The issue usually turns on who had legal authority at the time (such as a court-appointed guardian), what was changed (bank accounts, land, beneficiary designations), and whether the change happened before death or during estate administration through the Clerk of Superior Court.

Apply the Law

North Carolina separates (a) court-supervised guardianship administration from (b) estate administration after death. If the person was under state guardianship, the guardian of the estate generally must inventory assets and file periodic accountings with the Clerk of Superior Court. If the concern is that a will was executed or changed when dementia was advanced, North Carolina allows an interested person to file a caveat (a will contest) within a specific time window after probate in common form.

Key Requirements

  • Identify the right court file(s): The estate file (after death) and, if applicable, the guardianship file (during life) are typically maintained through the Clerk of Superior Court in the county tied to the proceeding.
  • Confirm who had authority when assets changed: A court-appointed guardian of the estate has defined fiduciary duties and is subject to court accounting; other actors may not be.
  • Use the correct procedure for the claim: Suspected will invalidity is usually addressed through a caveat; suspected misuse of guardianship funds is often addressed through guardianship account review and related clerk proceedings.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the concern is that [DECEDENT] had dementia, was placed under state guardianship, and then died with a reported will that [CLIENT] has not seen. That fact pattern makes it important to (1) locate the estate file to learn whether a will was filed and who qualified as executor/personal representative, and (2) locate the guardianship file to review the guardian’s inventory and annual accountings for changes in bank accounts, land, or major transactions during the period of incapacity.

Process & Timing

  1. Who files: Typically an “interested person” in the estate (often an heir at law or a person named in a prior will) or an interested person in the guardianship. Where: The Clerk of Superior Court in the county where the estate was opened and where the guardianship was handled. What: A request to review the estate file and guardianship file; if challenging the will, a caveat filed in the decedent’s estate file. When: A caveat is generally due within three years after probate in common form, subject to limited exceptions. See N.C. Gen. Stat. § 31-32.
  2. Information-gathering step: Confirm whether the will was probated, whether letters were issued, and whether an inventory/accounting has been filed in the estate. Separately, review guardianship inventories and annual accounts to see what the ward owned at the start of guardianship and what changed over time.
  3. Dispute step (if warranted): If the concern is that the will was executed or changed when capacity was lacking or influence was improper, the usual tool is a caveat. If the concern is that a guardian mishandled assets, the guardianship accounting process and clerk oversight can be central, and the estate’s personal representative may also pursue claims to recover assets for the estate depending on what the records show.

Exceptions & Pitfalls

  • Guardianship vs. will capacity standards: A person can be under guardianship and still be found to have testamentary capacity in some situations, but an incompetency adjudication can create a serious uphill battle and often shifts how the evidence is viewed. That makes timing and documentation around the will signing especially important.
  • Not everything “moved” is part of probate: Some assets pass outside the estate (for example, certain beneficiary-designated accounts or jointly titled property). Those changes may still be challengeable in the right case, but they are not always corrected by simply reviewing the estate inventory.
  • Waiting too long to secure records: Bank records, closing statements, and medical records can take time to obtain. When a will contest is on the table, delays can create deadline pressure and reduce the ability to prove what happened when dementia worsened.

For more background on will disputes, see how to contest a will and options when the will or probate process seems unfair.

Conclusion

When assets appear to have been moved after dementia worsened in North Carolina, the first step is usually to separate guardianship-era activity from post-death estate administration. Guardians of the estate must file inventories and annual accountings with the Clerk of Superior Court, which can show what changed and when. If the concern is that the will itself is invalid, an interested person generally must file a caveat within three years after probate in common form. The next step is to obtain and review the estate and guardianship files through the Clerk of Superior Court.

Talk to a Probate Attorney

If there are concerns that assets were moved or changed during a relative’s dementia or under guardianship, our firm has experienced attorneys who can help clarify what records to request, what deadlines apply, and what options may be available in North Carolina court. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.