Posts Tagged "how to contest a will in North Carolina"

Who can challenge a Will In North Carolina?

Posted on Sep 28, 2020 in News

Who Can Challenge a Will in North Carolina? Answer: An interested party can contest a Last Will and Testament within three years of the application for probate of the will. Who is an interested party to challenge a Will? Answer: A beneficiary under a prior Last Will and Testament or someone who would inherit under NC’s intestacy laws, such as a spouse, child, and children of deceased child. This list is not exhaustive. This is a matter of “standing” so you are a person with a right to bring the will contest case. Is this the situation you find yourself: You were a beneficiary...

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Attested Wills In North Carolina

Posted on Nov 9, 2016 in challenging a last will and testament

Testamentary Formalities – Attested Wills In North Carolina In North Carolina, the most common type of will is the attested written will, governed by N.C. Gen. Stat. § 31-3.3. An attested will is witnessed by others. Attest meaning “to declare to be true, to bear witness to, certify”. The statute has four requirements, all of which are necessary for a valid attested written will. (1)First, an attested written will must be signed by the testator and attested by at least two competent witnesses.  This means that the person who seeks to create her last will and testament must sign the will, and...

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Process to Contest a Will

Posted on Sep 2, 2015 in challenging a last will and testament, Contesting a Will

FAQ: What is the process to challenge a will in NC? Answer: In North Carolina, to contest a will there is the following general process: 1) Caveat filing. This is the complaint to be filed by the attorneys for the caveators or challengers of the will. It’s filed in Superior Court in the county where the will was probated. This has to be filed within 3 years of the time of death/probate of will. 2) Bond paid to the clerk for the Caveat. Not a large bond typically. 3) Order to suspend estate except for maintenance. This keeps the assets of the estate from being distributed prior to the trial....

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