Short Answer

In North Carolina, you challenge a will by filing a caveat with the Clerk of Superior Court, typically within three years after the will is probated; the case is then tried in Superior Court. You challenge a revocable trust’s validity by filing a judicial proceeding within the earlier of three years after the settlor’s death or 120 days after the trustee serves you with Rule 4 notice and a copy of the trust. If a sibling trustee is mismanaging assets, you may seek removal in a trust proceeding before the Clerk.

Understanding the Problem

In North Carolina, can you challenge your parent’s will and revocable trust as forged or fraudulent and seek to remove your sibling who is the sole trustee? This question turns on who may file, where to file, and the deadlines that activate after probate or trustee notice. If the will or trust is invalid, distributions can change and administration can be paused or redirected.

Apply the Law

North Carolina law provides two separate tracks: (1) a will contest (a “caveat”) and (2) a judicial proceeding to contest a revocable trust’s validity. A will caveat must be filed with the Clerk of Superior Court; it is then transferred to Superior Court for jury trial, and the Clerk issues orders to preserve estate assets while the case is pending. A trust validity challenge is a judicial proceeding with a strict filing window: the earlier of three years after death or 120 days after the trustee serves you with a copy of the trust and formal notice. Trustee removal for cause is filed before the Clerk; claims for money damages (like fraud) belong in Superior Court and can be consolidated with related trust matters.

Key Requirements

• Standing: You must be an interested person (for example, an heir or beneficiary) whose financial interest would change if the will or trust is set aside.
• Timely filing: File a will caveat within three years after probate; file a trust validity challenge by the earlier of three years after death or 120 days after trustee’s formal notice with a copy of the trust.
• Proper forum: File a will caveat with the Clerk of Superior Court (not directly in Superior Court); file trust proceedings in the proper county. Money-damages claims go to Superior Court.
• Service and parties: Use Rule 4 service. Join all necessary parties (personal representative, trustee, and interested beneficiaries) so any judgment binds them.
• Trustee removal grounds: Show a serious breach of duty, unfitness, persistent failure to administer, or that removal best serves beneficiaries and remains consistent with the trust’s material purpose.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat timing) – File a caveat within three years after probate in common form (with limited tolling for certain disabilities).
• North Carolina Gen. Stat. § 31-33 (Caveat procedure) – Clerk transfers the caveat to Superior Court for jury trial and issues notice to interested parties.
• North Carolina Gen. Stat. § 36C-6-604 (Trust validity challenges) – Contest within three years of death or 120 days after trustee’s formal notice with a copy; outlines distribution rules and return of distributions if trust is invalid.
• North Carolina Gen. Stat. § 36C-7-706 (Removal of trustee) – Court may remove a trustee for cause or when removal best serves beneficiaries and is consistent with the trust’s purpose.

Analysis

Apply the Rule to the Facts: As a child of the decedent, you have standing to file a caveat to the will and to challenge the trust’s validity. If the will has been probated in common form, your caveat must be filed within three years with the Clerk of Superior Court; the case then proceeds in Superior Court. For the trust, watch the earlier of three years from death or 120 days after any Rule 4 notice with a copy of the trust from your sibling trustee. If you can show grounds for removal (for example, breach of duty), you may petition the Clerk to remove the trustee and appoint a successor.

Process & Timing

1. Who files: An interested heir or beneficiary. Where: Will caveat—Clerk of Superior Court in the county where the will was probated. What: A written “caveat” (no preprinted form) initiating a will contest. When: Within three years after probate; if probate in solemn form is pending, you must file before or raise the issue at that hearing.
2. Who files: An interested person. Where: Trust challenge—file a judicial trust proceeding in the county of the trust’s principal place of administration or a beneficiary’s residence. What: A petition/complaint contesting the trust’s validity; the Clerk issues an Estate Proceeding Summons (AOC‑E‑102) and you must serve parties under Rule 4. When: By the earlier of three years after death or 120 days after trustee’s Rule 4 notice with a copy of the trust.
3. Who files: A beneficiary or co‑fiduciary. Where: Trustee removal—trust proceeding before the Clerk of Superior Court (with potential consolidation of related Superior Court claims). What: Petition to remove trustee and appoint a successor. When: Any time grounds exist; respondents typically have 20 days after Rule 4 service to answer, then any party may notice a hearing.

Exceptions & Pitfalls

• File the will caveat with the Clerk—do not start it directly in Superior Court or it risks dismissal.
• If the will is probated in solemn form and you do not timely caveat or object at that hearing, the judgment binds properly served parties.
• A trustee can shorten your trust‑challenge window by serving you with Rule 4 notice and a copy of the trust (120 days). If you notify the trustee of a planned challenge, you must file suit within 60 days or the trustee may safely distribute.
• Join and properly serve necessary parties (personal representative, trustee, and interested beneficiaries) or relief may be delayed or limited.
• All competing “scripts” (earlier or later wills/codicils) should be offered in the caveat; withholding one can bar later probate of that document.
• Claims for monetary damages (fraud, conversion, breach of fiduciary duty) must be filed in Superior Court; coordinate or consolidate with trust proceedings when appropriate.

Talk to a Probate Attorney

If you’re dealing with a suspected forged will or trust and a sibling serving as sole trustee, 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.