Short Answer

In North Carolina, you can seek a civil no-contact order for stalking or harassment, ask the court for an injunction to stop interference, and use estate-specific orders to protect the home and the executor’s work during a will caveat. Adult Protective Services can also investigate suspected abuse of a vulnerable adult. The Clerk can address asset-preservation issues in the caveat, but broader restraining relief typically requires District or Superior Court.

Understanding the Problem

In North Carolina probate, can an elderly beneficiary-executor get legal protection from caveators who live next door and are allegedly harassing and threatening her? One key fact here is that the estate includes a life estate in the family home that cannot be sold while the will contest is pending.

Apply the Law

North Carolina law offers several focused tools that work together: (1) civil no-contact orders to stop stalking or harassment, (2) temporary restraining orders/preliminary injunctions to prevent interference with people or property, and (3) estate-specific proceedings that let the Clerk and the personal representative protect estate property and the life tenant’s occupancy during a caveat. If elder abuse is suspected, Adult Protective Services (APS) can investigate and, where necessary, seek court-authorized protection.

Key Requirements

• Civil no-contact order (50C): Show unlawful conduct like stalking or unwanted harassment causing fear or substantial emotional distress; no domestic relationship is required.
• Court injunction (Rule 65): Show likely immediate and irreparable harm and the need to maintain the status quo to prevent interference or intimidation; filed in Superior Court as a civil action.
• Asset-preservation orders during caveat: With a caveat pending, any party may ask the Clerk to decide use/location/disposition questions to preserve estate assets, with at least 10 days’ notice to all caveat parties.
• Personal representative powers over real property: The personal representative may seek possession, custody, and control of real property (and eject interfering occupants where appropriate) if in the estate’s best interest.
• Adult Protective Services (APS): Anyone may report a disabled adult suspected to be in need of protective services; DSS can investigate and, if needed, request court orders to ensure safety.

What the Statutes Say

• North Carolina Gen. Stat. § 50C-2 (Civil no-contact orders) – Allows stalking/harassment victims to seek no-contact relief, including ex parte orders.
• North Carolina Gen. Stat. § 31-36 (During a caveat) – Directs the personal representative and permits hearings to preserve assets while a will contest is pending.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – Authorizes taking possession, custody, and control of real property (and seeking ejectment) when in the estate’s best interest.
• North Carolina Gen. Stat. § 108A-105 (APS access and court orders) – Lets DSS seek court orders to protect a disabled adult when access or safety is at issue.

Analysis

Apply the Rule to the Facts: Because a caveat is pending and the home includes a life estate, the Clerk can hear a preservation-of-assets motion to support the life tenant’s ongoing occupancy and limit interference with estate property. If the neighbors’ conduct meets stalking/harassment, a civil no-contact order (50C) can bar contact and proximity. If conduct falls short of 50C or broader relief is needed, the court can issue a Rule 65 injunction to stop interference or intimidation of the beneficiary-executor and witnesses.

Process & Timing

1. Who files: The elderly beneficiary (or her counsel) for a 50C no-contact order. Where: District Court Civil, in the county where she resides. What: AOC-CV-520 (Complaint and Motion for No-Contact Order). When: File promptly; an ex parte order may issue quickly, with a follow-up hearing set on short notice.
2. Who files: Any party to the caveat (including the personal representative) for asset-preservation relief. Where: Clerk of Superior Court (estate file). What: Motion/request for hearing under G.S. 31-36(c) (and, if needed, a petition under G.S. 28A-13-3 to take possession/custody/control of the real property). When: Serve all caveat parties under Rule 4 and give at least 10 days’ notice of the hearing.
3. Who files: The beneficiary or personal representative for broader restraint. Where: Superior Court Civil. What: Verified complaint and motion for temporary restraining order (TRO) and preliminary injunction to stop harassment or interference. When: TROs can be requested immediately; the court will set a prompt hearing on a preliminary injunction.

Exceptions & Pitfalls

• A caveat is in rem; general restraining relief isn’t granted inside the caveat itself. Seek 50C relief in District Court or an injunction in a separate Superior Court action.
• 50C requires qualifying unlawful conduct (e.g., stalking). Mere unpleasant contact or family disputes may not meet the standard; gather dates, messages, and witness accounts.
• If the estate will fund security measures or related legal fees during the caveat, follow the G.S. 31-36(b) notice-and-approval process before paying from estate assets.
• Service matters: 50C and asset-preservation hearings require proper service. Defects can delay or defeat relief.

Talk to a Probate Attorney

If you’re dealing with harassment or potential elder abuse tied to a North Carolina will contest, 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.