Dec312025
Probate Q&A Series

What happens if probate has been left open for a long time and then another heir starts contesting things? – North Carolina

Short Answer

In North Carolina, a late contest can still disrupt an estate that has been “open” for a long time, but what happens depends on what is being contested (the will’s validity versus the executor’s appointment) and when the challenge is filed. A will contest (often called a caveat or a challenge raising “devisavit vel non”) generally shifts the dispute into Superior Court and can pause or limit what the executor can do until the will issue is resolved. A separate challenge to the executor’s appointment is usually handled as a contested estate proceeding before the Clerk of Superior Court and can result in removal, replacement, or restrictions on authority.

Understanding the Problem

In North Carolina probate, what happens when an estate stays open for a long time and then an heir starts contesting things usually turns on a single decision point: is the heir contesting whether the document is the decedent’s valid will, or is the heir contesting who should serve as executor (personal representative)? The actor is typically an heir or beneficiary who files an objection after probate has started, and the relief sought is to block the executor from acting, remove the executor, or undo the will. Timing matters because some challenges have firm filing windows, and some disputes must be moved from the Clerk of Superior Court to Superior Court once the will’s validity is put at issue.

Apply the Law

North Carolina probate starts in the Clerk of Superior Court (estate division). Many disputes remain there as “estate proceedings,” but a direct challenge to whether the paper writing is the decedent’s will (the “devisavit vel non” issue) takes the matter out of the clerk’s hands and into Superior Court, where it proceeds like a will caveat. Separately, objections to an executor’s appointment or requests to revoke letters are typically handled as a contested estate proceeding before the clerk, with formal service and a hearing, and a short appeal window after the clerk enters an order.

Key Requirements

  • Identify the type of contest: A will-validity contest (caveat / devisavit vel non) follows different rules and a different forum than a challenge to the executor’s appointment or conduct.
  • Use the correct procedure and forum: Will-validity disputes are transferred to Superior Court; appointment/removal disputes usually stay with the Clerk of Superior Court as a contested estate proceeding with a verified petition, summons, and Rule 4 service.
  • Meet the controlling deadlines: Some challenges have strict time limits (for example, caveats after common-form probate and certain allowance challenges), and appeals from clerk orders have a short deadline after receipt of the written order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a signed and notarized will names the client as executor, but a sibling is trying to block or remove that appointment while the estate (including a home and land in North Carolina) remains open and a court date is approaching. If the sibling is attacking the will itself, the dispute can become a will contest that moves into Superior Court and may limit progress until the validity issue is decided. If the sibling is focused on who should serve, the sibling typically must use the contested estate proceeding process to object to the appointment or seek revocation of letters, and the clerk will decide who should serve unless an appeal is timely filed.

Process & Timing

  1. Who files: The contesting heir (or another interested person) files the challenge. Where: The Clerk of Superior Court (estate division) in the county with estate jurisdiction, with transfer to Superior Court if the will’s validity is put at issue. What: A will contest is typically raised by filing a caveat (or by raising devisavit vel non at the probate hearing); an executor-removal/objection matter is typically started by a verified petition in a contested estate proceeding, with an estate proceeding summons and service under Rule 4. When: A caveat after common-form probate is generally subject to a three-year window under North Carolina practice; appeals from certain clerk orders in estate matters can have a short deadline after receipt of the written order, so timing around the upcoming hearing matters.
  2. Next step: If the will’s validity is challenged, the clerk transfers the matter to Superior Court, and the parties go through an alignment process (propounders and caveators) before the case is set for litigation. If the dispute is about the executor, the clerk schedules a hearing after proper service and gives interested persons notice, and the clerk decides whether letters should be issued, restricted, or revoked.
  3. Final step: The will-validity dispute ends with a Superior Court judgment on whether the document is the will. The executor-appointment dispute ends with a written clerk order (subject to appeal), after which the estate administration either continues under the appointed personal representative or transitions to a replacement.

Exceptions & Pitfalls

  • Mixing up “will contest” versus “executor contest”: Challenging the will’s validity triggers a different track than challenging the executor’s fitness. Filing the wrong type of pleading can waste time and increase the risk of missing a deadline.
  • Raising will validity at the wrong time: If an interested person raises devisavit vel non at the probate hearing, the clerk must transfer the matter to Superior Court. Orders entered by the clerk after will validity is properly raised can become a target for later challenge.
  • Real estate timing and county filings: When the estate includes land, timing and filing certified copies in the county where the property lies can matter for protecting title against certain third parties. Leaving probate open does not automatically protect title if required filings are missed.
  • Service and notice problems: Contested estate proceedings require formal service and notice to interested persons. Improper service can delay the hearing or undermine the order entered.
  • Allowance-related deadlines: Some disputes (like certain spousal/child allowance challenges or requests) have one-year or six-month deadlines tied to death, letters, or an order. A long-open estate can create a false sense that those deadlines are still available.

Conclusion

In North Carolina, a late-breaking contest in a long-open probate can still change the course of the case, but the outcome depends on whether the heir is challenging the will’s validity (often requiring transfer to Superior Court) or challenging the executor’s appointment (usually decided by the Clerk of Superior Court in a contested estate proceeding). The most important next step is to file a written response and supporting materials for the upcoming clerk hearing by the deadline set in the notice of hearing (or local scheduling order) so the record is clear on whether the dispute is about the will or the executor.

Talk to a Probate Attorney

If a will contest or executor dispute is delaying an estate with real property in North Carolina, experienced attorneys can help explain the procedural track, prepare for the clerk hearing, and protect timelines for transfer or appeal. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.