Short Answer

In North Carolina, you challenge a will by filing a “caveat” in the estate file in the county where the will was probated, generally within three years of probate. North Carolina does not recognize electronic wills; a valid will must have original, wet-ink signatures and meet strict witnessing rules (with a brief, past emergency exception for video witnessing that still required originals). If you suspect lack of capacity, undue influence, fraud, or forgery, gather medical, witness, and signature evidence. The Clerk transfers the caveat to Superior Court for a jury to decide validity, and distributions pause while the case is pending.

Understanding the Problem

You want to know how, under North Carolina probate law, you can contest your parent’s will that was allegedly signed online while they were hospitalized. The decision point is whether you can file a caveat to challenge that will after it has been probated by the Clerk of Superior Court. You are the child who was omitted, and the will was introduced by a cousin. This article explains the grounds, timing, and steps to file and prosecute a caveat in North Carolina.

Apply the Law

North Carolina requires strict formalities for wills. An attested will must be signed by the testator and witnessed by two competent witnesses; a holographic will must be entirely in the testator’s handwriting and signed. North Carolina does not recognize electronic wills. During a limited state-of-emergency period (May 4, 2020 through December 31, 2021), video witnessing and video notarization were permitted but still required original signatures, North Carolina presence, and specific certifications. To contest, an interested person files a caveat in the estate file with the Clerk, who then transfers the matter to Superior Court for a jury trial. The general deadline to file is three years from probate in common form.

Key Requirements

• Standing: You must be an interested person with a direct financial stake in the estate (for example, a child omitted by the will).
• Timing: File the caveat within three years after the will is admitted to probate; filing sooner pauses distributions during the challenge.
• Grounds: Lack of formal execution, lack of capacity, undue influence, fraud, duress, mistake, forgery, or revocation by a later will.
• Original signatures: NC requires wet-ink originals. A purely “online” or e-signed will is not valid here. The brief emergency video rules still required originals and strict North Carolina presence and disclosures.
• Forum & process: File the caveat with the Clerk of Superior Court where the will was probated; the case is then tried to a jury in Superior Court.
• Evidence: Medical and pharmacy records (capacity/medication), witness testimony, handwriting and digital-forensic analysis (forgery/remote signing), and the drafting/attesting witnesses’ accounts.

What the Statutes Say

• North Carolina Gen. Stat. § 31-3.3 (Attested written wills) – Testator’s signature and two witnesses are required.
• North Carolina Gen. Stat. § 31-32 (Caveat timing) – Caveat must be filed within three years of probate (with limited disability extensions).
• North Carolina Gen. Stat. § 31-33 (Caveat procedure) – Clerk issues process to interested parties and transfers the case to Superior Court for jury trial.
• North Carolina Gen. Stat. § 31-36 (Effect on administration) – Distributions and commissions stop during a caveat; limited payments may be approved.

Analysis

Apply the Rule to the Facts: Because the will was allegedly “signed online” while your parent was hospitalized, first confirm whether it meets North Carolina’s original-signature and two-witness requirements. If it was truly electronic, that alone likely defeats validity. If someone claims it used video witnessing during the emergency window, check for strict compliance (all participants physically in North Carolina, county disclosures on the document, same-day transmission of original, wet-ink pages). Hospitalization and medication support investigating testamentary capacity and susceptibility to undue influence. The exclusion of you and your child may be relevant context, especially if the cousin arranged or procured the signing.

Process & Timing

1. Who files: You (as an interested heir/devisee). Where: Clerk of Superior Court in the North Carolina county that probated the will. What: File a verified caveat (will contest) in the estate file and request the statutory order pausing distributions. When: File as soon as possible and within the three-year window after probate.
2. After filing, the Clerk serves interested parties and transfers the case to Superior Court. Expect party alignment, appointment of a guardian ad litem for any minor beneficiary, and a discovery phase to subpoena medical/pharmacy records, depose the drafting/attesting witnesses, and obtain handwriting or digital-forensic analysis of signatures and any claimed “online” process. Timelines vary by county.
3. In Superior Court, a jury decides the single issue of will validity (devisavit vel non). The court enters judgment either upholding the will or setting it aside, after which the estate proceeds under the valid instrument or intestacy.

Exceptions & Pitfalls

• North Carolina does not accept electronic wills; a PDF or e-signed document is not enough. The temporary video rules (2020–2021) still required wet-ink originals and strict North Carolina presence and disclosures.
• A self-proving affidavit streamlines proof of due execution for the proponent, but it does not bar a caveat. Be ready with contrary evidence.
• Forgery claims need competent proof. Gather genuine signature samples, retain a handwriting examiner, and inspect the original on file with the Clerk.
• Capacity and undue influence turn on specifics at the time of signing. Obtain hospital charts, medication lists, and testimony from treating providers and neutral observers.
• Name and serve all interested parties. If a beneficiary is a minor, the court will require a guardian ad litem; missing a necessary party can delay the case.
• Until a caveat is filed, the personal representative may move administration forward. Filing early enables the statutory pause on distributions.

Talk to a Probate Attorney

If you’re dealing with a hospital-time or “online” will and need to contest it, 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.