A Will caveat is an in rem proceeding. N.C. Gen. Stat. § 31-32. It is an attack upon the validity of the instrument purporting to be a will. The will and not the property devised is the res (or probated assets) involved in the litigation.
So when a caveator is contesting a will in NC, they are attacking the validity of the will, not the estate.
An attack on the estate, or interpretation of the will, is a different type of estate litigation case.
See also 1961 case, IN THE MATTER OF THE WILL OF SARA B. COX, Deceased
A will contest has to be filed within three years of the will being filed/probated.
Attorney Kirk Sanders at Hendrick Bryant Nerhood Sanders & Otis has been handling will contests for over 15 years.
Call Kirk today at 336-723-7200