Detailed Answer

In North Carolina, a caveat is the formal way to object to the probate of a will. You must file your caveat within 30 days after the clerk of superior court admits the will to probate or publishes notice of probate, whichever comes later. Missing this deadline bars you from contesting the will’s validity. (See N.C. Gen. Stat. § 28A-2-2.)

To ensure the clerk hears your objections, you must deliver a written notice of caveat. That document must state your name, address, your interest in the estate, and the grounds for objecting. Common grounds include lack of testamentary capacity, undue influence, fraud, or improper execution.

Once filed, the clerk sets a hearing date. At that hearing, the court evaluates evidence and decides whether to admit the will. If the court sustains the caveat, it refuses to admit the will and may order a jury trial on disputed facts. If the court overrules the caveat, the will proceeds to probate.

Key Filing Requirements

• Where to File: Clerk of superior court in the county where the will is offered for probate.
• Deadline: Within 30 days after probate admission or notice of probate publication (N.C. Gen. Stat. § 28A-2-2).
• Filing Fee: Pay the clerk’s fee for civil filings (amount varies by county).
• Written Notice: Include your contact information, describe your interest in the estate, and state the legal grounds for objecting.
• Service on Personal Representative: Deliver a copy of the caveat to the personal representative or executor within five days of filing.
• Security Deposit: The clerk may require you to post a bond or deposit to cover potential costs.
• Hearing: The clerk schedules a probate caveat hearing; be ready to present evidence.

Take Action

Filing a caveat involves strict deadlines and formal steps. If you believe a loved one’s will is invalid, act quickly. Pierce Law Group has attorneys with deep probate administration experience ready to guide you. Email intake@piercelaw.com or call (919) 341-7055 to discuss your concerns and protect your rights.