Short Answer

In North Carolina, you can challenge a will and force transparency from a personal representative. File a will caveat if you believe a later will is invalid, and ask the Clerk of Superior Court to compel the personal representative to file the required inventory and accountings. Real estate taken by a deed before death and retirement accounts with named beneficiaries may require a separate civil suit to set aside transfers or impose a constructive trust if they were procured by undue influence.

Understanding the Problem

You’re asking: in North Carolina, how can I, as a child of the decedent, force disclosure and pursue my rightful share when a nonfamily caregiver became executor, distributed small amounts, and withheld information, after having the parent sign a deed and a new will? This article explains the specific tools that let you contest the will, obtain information, and recover property.

Apply the Law

Under North Carolina law, a will’s validity is challenged by a caveat filed with the Clerk of Superior Court, which then goes to Superior Court for jury trial. While that case is pending, the court can restrict distributions and require preservation of estate assets. The personal representative must file a 90‑day inventory and periodic accountings. Real estate transferred before death and beneficiary‑designated retirement benefits often pass outside the probate estate; to reach them you typically file a separate civil action (e.g., to set aside a deed, impose a constructive trust, or recover nonprobate transfers) if obtained by undue influence or similar misconduct. The main forum is the county Clerk of Superior Court for the estate, with related civil actions in Superior Court. Key deadlines include the caveat filing window and the personal representative’s inventory/account deadlines.

Key Requirements

• Standing to challenge: An “interested” person (such as an heir or prior‑will beneficiary) may file a caveat to contest the will.
• Time to caveat: File within three years after probate in common form, or before the scheduled hearing if probate proceeds in solemn form.
• Mandatory disclosures: The personal representative must file a 90‑day inventory and later annual/final accounts; you can ask the Clerk to compel these if overdue.
• Asset freeze during caveat: While a caveat is pending, the court can bar distributions, require preservation of assets, and supervise necessary payments.
• Recovering pre‑death transfers: To undo a deed or other lifetime transfer allegedly caused by undue influence, file a separate Superior Court action seeking remedies like a constructive trust or setting aside the deed.
• Retirement accounts: Benefits with named beneficiaries usually bypass the estate; obtain plan information and challenge only if procured by undue influence or similar wrongdoing.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat to Will) – Who may file and when; caveat starts in the Clerk’s office and proceeds in Superior Court.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – If probate proceeds with notice, any challenge must be raised at or before the hearing.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due within three months) – Personal representative must file an inventory within three months of qualification.
• North Carolina Gen. Stat. § 31-36 (Estate administration while caveat pending) – Limits distributions; focuses on preservation and necessary payments during a caveat.

Analysis

Apply the Rule to the Facts: You are an interested party (child and prior‑will beneficiary), so you have standing to file a caveat to challenge the caregiver’s will as the product of undue influence. The personal representative must disclose assets by timely inventory and accountings; if these are missing or incomplete, ask the Clerk to compel filing and to supervise preservation of assets. Because the residence was deeded to the caregiver before death, you’ll likely need a separate Superior Court action to set aside the deed or impose a constructive trust. Retirement accounts often pass by beneficiary designation; seek plan information and challenge only if the designation or change resulted from undue influence.

Process & Timing

1. Who files: You (as an heir or prior‑will beneficiary). Where: File a caveat with the Clerk of Superior Court in the county where the estate is probated. What: A caveat (no standard AOC form; it is a drafted pleading); also file motions in the estate to compel the Inventory for Decedent’s Estate (AOC‑E‑505) and accountings, and for orders preserving assets. When: File the caveat within three years of probate in common form, or before any solemn‑form hearing; the personal representative’s inventory is due within three months of qualification.
2. In parallel, file a separate civil action in Superior Court to set aside the deed and seek a constructive trust over wrongfully obtained assets; consider a lis pendens on the real property and, if needed, a motion for a temporary restraining order to prevent transfers. Time to hearing varies by county.
3. After the caveat verdict or settlement, the estate returns to the Clerk for administration under the controlling will or intestacy. If the deed or nonprobate transfers are unwound, those assets are treated consistently with the court’s orders and the estate plan.

Exceptions & Pitfalls

• If the will was already probated in solemn form with proper notice, a later caveat may be barred.
• Real estate conveyed before death is not in the probate estate unless you set aside the deed; don’t rely on estate filings alone to recover it.
• Retirement benefits with named beneficiaries typically bypass the estate; obtain plan/beneficiary records and challenge only if undue influence tainted the designation.
• Don’t delay—inventory and accounting deadlines are short, and fraud‑based civil claims have statutes of limitations that run from discovery.
• Ensure proper service and, during a caveat, ask the Clerk for orders restricting distributions and preserving assets.

Talk to a Probate Attorney

If you’re dealing with a disputed will, missing disclosures, or property transfers to a caregiver, 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.