Jan242026
Probate Q&A Series

What should I do if I have evidence that a relative may have forged, altered, or improperly handled a will? – North Carolina

Short Answer

In North Carolina, the practical next step is usually to preserve the evidence and speak with a probate attorney quickly about whether to file a will caveat (a formal challenge to the will) with the Clerk of Superior Court. A caveat can address forgery, alteration, and other problems that make a will invalid, without requiring the family to pursue criminal charges. Timing matters: in many cases, a caveat must be filed within three years after the will is admitted to probate in common form.

Understanding the Problem

In North Carolina probate, the key question is often whether a will being offered (or already admitted) is actually the decedent’s valid last will, or whether someone forged it, altered it, or handled it in a way that undermines its validity. When a relative has control of the document, access to the decedent’s papers, or involvement in presenting the will to the Clerk of Superior Court, concerns can arise about what version is “real” and whether it should control the estate. The decision point is whether to take a civil probate step to protect the estate and the decedent’s intent, even if no criminal complaint is desired.

Apply the Law

North Carolina has a specific probate procedure to challenge a will called a caveat. A caveat is filed in the estate file with the Clerk of Superior Court and asks the court system to determine whether the document is the decedent’s valid will. Common grounds include improper execution, lack of capacity, undue influence, and fraud (which can include forgery or material alteration). In a caveat case, the person offering the will generally must first prove the will was properly executed; then the challenger must prove why the will should be set aside.

Key Requirements

  • Standing (being an “interested” person): The person raising the issue must have a real stake in the estate (for example, someone who would inherit under an earlier will or under intestacy if the challenged will is invalid).
  • A timely caveat filing: A caveat is often subject to a strict filing window tied to when the will was admitted to probate (with limited extensions for minors or legally incompetent persons).
  • Proof that the will is not valid: Evidence must support a recognized ground to set the will aside, such as forgery, alteration, fraud, undue influence, or failure to meet execution requirements.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe proof suggesting a relative may have forged, altered, or improperly handled a will, and uncertainty about what to do next without pursuing criminal charges. Under North Carolina practice, that evidence is most often used in a civil will caveat to ask the court to decide whether the will should be accepted or set aside. The immediate priorities are (1) preserving the evidence so it can be used in court and (2) evaluating whether the person with concerns is an “interested” person who can file a caveat within the applicable time window.

Process & Timing

  1. Who files: An interested person (often a potential heir or beneficiary under a different will). Where: The Clerk of Superior Court in the county where the estate is opened (the decedent’s estate file). What: A caveat filing (and related pleadings as required by local practice). When: Often at probate or within three years after probate in common form; earlier is usually better when documents and witnesses are still available.
  2. Initial proof and burden shifting: In many caveat cases, the person offering the will first presents proof the will was properly executed (for example, through witness testimony or probate affidavits). After that, the challenger presents evidence of invalidity (such as forgery/alteration indicators, suspicious handling of the original, or other fraud-related facts).
  3. Court decision on validity: The case ultimately resolves the core question of whether the document is the valid will. If the will is set aside, the estate may pass under a different valid will or, if none exists, under intestate succession rules.

Exceptions & Pitfalls

  • Not preserving the “original” condition of evidence: Writing on the will, removing staples, scanning in a way that damages the paper, or circulating the original can create disputes about what changed and when. A safer approach is to preserve the original as-is and work from copies for review.
  • Waiting until distributions begin: Even if a caveat is still technically timely, delay can make it harder to recover assets, locate witnesses, or prove what happened to the document.
  • Filing the wrong type of case first: In some situations, a person may consider asking the court to “fix” unclear language in a will. North Carolina law can bar a later caveat if a reformation/modification action is filed first, so it is important to choose the correct path at the outset.
  • Assuming criminal charges are required: A civil caveat focuses on whether the will is valid for probate purposes. A family may pursue civil probate relief without making a criminal report, even though will forgery can be a crime.

For more background on will challenges in North Carolina, see how to challenge a will and what to do if family members changed a will or forged signatures.

Conclusion

When there is credible evidence in North Carolina that a relative forged, altered, or improperly handled a will, the usual civil remedy is to preserve the evidence and evaluate filing a will caveat in the decedent’s estate file with the Clerk of Superior Court. A caveat challenges whether the document is the valid last will and can address fraud-related problems without pursuing criminal charges. The key timing issue is that a caveat is often due within three years after probate in common form. The next step is to confirm the probate date and file the caveat on time.

Talk to a Probate Attorney

If you’re dealing with evidence that a will may have been forged, altered, or mishandled, our firm has experienced attorneys who can help explain the caveat process, preserve the right evidence, and identify the deadlines that apply. Call us today at [CONTACT NUMBER].

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.