Short Answer

Yes. In North Carolina, the validity of a will turns on proper execution (the testator’s signature plus two witnesses), testamentary capacity, and the absence of undue influence or fraud—not the notary’s reputation. A notary is not required to execute a will; notarization only makes a will “self‑proved.” If the notary’s acknowledgment is defective, the will can still be proved with witness testimony. Facts showing a fiduciary benefited and helped procure the will can support a will contest.

Understanding the Problem

In North Carolina probate, can you contest a will when you suspect the notarization was unreliable? Here, a niece (acting under power of attorney for her mother) wants to challenge a will because the brother‑in‑law held power of attorney and drafted a new will that favored himself. The decision point is whether to file a will caveat in the Clerk of Superior Court to test the will’s validity.

Apply the Law

North Carolina law requires an attested will to be signed by the testator and witnessed by two competent witnesses. A notary is not required for execution, but a proper notary acknowledgment can make the will “self‑proved,” which lets the clerk admit it without locating witnesses. If the self‑proving paperwork is suspect, the will can still be proved with witness affidavits or other competent proof. A will contest (called a “caveat”) is the formal way to challenge validity on grounds such as improper execution, lack of capacity, undue influence, fraud, or duress. Caveats are filed with the Clerk of Superior Court and then tried in Superior Court.

Key Requirements

• Proper execution: Testator signed the will; two competent witnesses attested it at execution. A notary is not required.
• Capacity: The testator understood their property, natural heirs, what the will does, and its effect.
• Free will: No undue influence, fraud, or duress. A fiduciary who benefits and helped procure the will can trigger a presumption of undue influence.
• Proof of the will: A self‑proved will needs no witness testimony; otherwise, the clerk may require witness affidavits or other competent evidence.
• Who and where: An “interested” party files a caveat with the Clerk of Superior Court in the county of probate; the case is tried in Superior Court.
• Timing: Generally, file within three years after probate in common form; special timing applies if probate proceeds in solemn form.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Execution requires the testator’s signature and two witnesses.
• North Carolina Gen. Stat. § 31-32 (Caveats) – Who may file, where to file, and the three‑year deadline.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – If contested, the issue is transferred for trial in Superior Court.
• North Carolina Gen. Stat. § 31-36 (Estate administration during caveat) – Limits distributions and requires preservation of assets while the caveat is pending.

Analysis

Apply the Rule to the Facts: The niece’s mother likely has standing as an interested party; the niece may act for her under a valid power of attorney. The brother‑in‑law, as attorney‑in‑fact who drafted a will that enriched himself, presents classic undue influence concerns that can shift the burden to explain the transaction. A questionable notary does not void a will, but it can undermine a self‑proving affidavit and require live or affidavit testimony from witnesses. Conflicts between the executor’s statements and pension records may support fraud or procurement evidence.

Process & Timing

1. Who files: Any interested party (e.g., an heir or prior will beneficiary). Where: Clerk of Superior Court in the county where the will was probated. What: File a written caveat to the will. When: Generally within three years after probate in common form; if a solemn‑form petition is pending, the objection must be filed before or at the clerk’s hearing.
2. The clerk records the caveat and transfers the case to Superior Court for a jury trial. The personal representative may not distribute estate assets and must preserve property; to pay limited items (taxes, liens, timely claims, funeral, and administration expenses), the personal representative files a notice of intent and parties have a short window to object.
3. In Superior Court, the propounder proves execution; the caveator presents grounds like undue influence or fraud. After verdict or approved settlement, judgment admits or rejects the will in solemn form and the file returns to the clerk for administration under the judgment.

Exceptions & Pitfalls

• A shaky notary does not, by itself, invalidate a will; it may only defeat “self‑proving,” requiring additional witness proof.
• Do not file the caveat directly in Superior Court; file it with the Clerk of Superior Court or risk dismissal.
• If the will is probated in solemn form with proper service and you do not timely object, you can be barred from later contesting it.
• Minors or incompetents may get extra time; confirm any tolling before a deadline runs.
• Do not assume you can just offer a different will later; the proper route is a timely caveat to the will already probated.

Talk to a Probate Attorney

If you’re dealing with a suspected undue influence or fraud in a North Carolina will, 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.