Short Answer

In North Carolina, you contest a will by filing a “caveat” with the Clerk of Superior Court in the county where the will was probated. You must have a direct financial interest (for example, as an heir or a beneficiary under another will) and generally must file within three years after the will was admitted to probate in common form. If the will was probated in solemn form and you were properly served, you are usually barred; if you were not served, you may still be able to contest.

Understanding the Problem

You want to know if you can challenge a North Carolina will when you weren’t notified about the probate. The question is whether you (as an heir or would-be beneficiary) can file a caveat now to dispute the will’s validity and raise issues like an earlier will, despite not receiving notice when your grandparent’s will was probated a few years ago.

Apply the Law

North Carolina resolves will contests through a caveat. You file the caveat with the Clerk of Superior Court in the county where the will was probated. The case is then transferred to Superior Court for a jury trial on “devisavit vel non” (whether the paper is the decedent’s true last will). You must be an “interested” person with a direct, immediate financial stake, such as an heir-at-law or a beneficiary named in another will. The general deadline is three years from the date of probate in common form. If the will was handled in solemn form, you must raise the challenge at that hearing; those properly served in solemn form are bound by the result.

Key Requirements

• Standing: You must be “interested in the estate,” meaning your financial rights would be harmed or helped by setting aside the will (for example, an heir-at-law or someone named in a different will).
• Timeliness: File within three years after the will is admitted to probate in common form; limited extensions apply for minors or incompetent persons.
• Proper forum and service: File the caveat with the Clerk of Superior Court where the will was probated; the case moves to Superior Court, and all interested parties must be served.
• Grounds: Typical grounds include improper execution, lack of testamentary capacity, undue influence, fraud, forgery, mistake, or revocation by a later will.
• All scripts presented: If you believe there is a different will (earlier or later), it should be presented in the caveat proceeding so the jury can decide which writing, if any, is the true will.
• Effect on the estate: Once a caveat is filed, the personal representative is restricted from distributing assets and must preserve estate property while the contest is pending.

What the Statutes Say

• North Carolina Gen. Stat. § 31-32 (Caveat; who and when) – Standing for “interested” parties and the general three-year filing window; tolling for certain disabilities.
• North Carolina Gen. Stat. § 31-33 (Transfer; notice; alignment) – Clerk transfers caveat to Superior Court for jury trial; service and party alignment.
• North Carolina Gen. Stat. § 31-36 (Estate administration during caveat) – Limits distributions; preserves assets; sets procedures for paying certain expenses.
• North Carolina Gen. Stat. § 28A-2A-7 (Probate in solemn form) – If solemn form is used, challenges must be raised at the hearing; binding effect on properly served parties.

Analysis

Apply the Rule to the Facts: Because your grandparent’s will was probated a few years ago and you received no notice, first determine whether probate was in common form (most common) or in solemn form. If it was common form, you generally have three years from the probate date to file a caveat; if still within that period, you and your siblings likely have standing as heirs or as beneficiaries under a different will you suspect exists. If the will was handled in solemn form and you were properly served, you are usually barred; if you were not served, you may still be able to contest.

Process & Timing

1. Who files: An “interested” person (e.g., heir or beneficiary under a different will). Where: Clerk of Superior Court in the county where the will was probated. What: A caveat to the probate of the will (a short pleading stating your interest and grounds). When: Generally within three years of the will’s admission to probate in common form; if solemn form is underway, raise the challenge at that hearing; minors/incompetent parties may have more time once the disability ends.
2. After filing, the Clerk transfers the case to Superior Court; all interested parties are served and aligned. The Clerk issues an order restricting distributions and directing preservation of assets. Discovery and, often, mediation follow; timing varies by county.
3. The Superior Court conducts a jury trial on devisavit vel non. The court enters judgment either sustaining the will (probated in solemn form) or setting it aside (so another valid will or intestacy controls). The matter returns to the Clerk for continued administration consistent with the judgment.

Exceptions & Pitfalls

• If probate was in solemn form and you were properly served, you are usually barred from later filing a caveat.
• Do not miss the three-year limit; extensions are narrow (e.g., for minors or incompetency) and fact-specific.
• Bring forward any other will you believe exists in the caveat; trying to probate a different will later is usually not allowed once a will has been admitted.
• Ensure all interested parties are served; service defects can derail the case or lead to later challenges.
• While the caveat is pending, the estate cannot make distributions; if assets are at risk, seek preservation orders from the Clerk.

Talk to a Probate Attorney

If you’re dealing with a will you never knew about and need to contest it in North Carolina, 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.