AOC-E-100 — Petition for Caveat (Contest of Will)

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ATTORNEY STRONGLY RECOMMENDED. A Petition for Caveat contests the validity of a probated Will. This is complex litigation. The Clerk of Superior Court will certify the matter to Superior Court for a jury trial. A 3-year statute of limitations runs from the date the Will is offered for probate (G.S. 31-33). Missing this deadline permanently bars your claim.

01 PETITIONER INFORMATION

Petitioner Full Name *

Relationship to Decedent *

Petitioner Address *

Phone *

Petitioner's Interest in Estate *

02 DECEDENT / ESTATE INFORMATION

Decedent Full Name *

County *

Date of Death *

Estate File / Case Number *

03 PRIOR PROBATE PROCEEDINGS

Date Will Was Offered for Probate *

Date Will Was Admitted to Probate

Name of Executor / Administrator Currently Serving

04 GROUNDS FOR CAVEAT (SELECT ALL THAT APPLY)

GROUND 1 — LACK OF TESTAMENTARY CAPACITY

Factual Basis

GROUND 2 — UNDUE INFLUENCE

Factual Basis

GROUND 3 — WILL NOT EXECUTED WITH REQUISITE FORMALITIES

Factual Basis

GROUND 4 — WILL WAS REVOKED

Factual Basis

GROUND 5 — FRAUD, FORGERY, OR DURESS

Factual Basis

GROUND 6 — OTHER

Specify Ground and Factual Basis

05 RELIEF REQUESTED

Relief Requested *

JURY TRIAL DEMANDED — Petitioner demands a trial by jury on all issues of fact as provided by G.S. 31-34.

VERIFICATION — I verify that the foregoing Petition for Caveat is true to the best of my knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. *

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STATUTORY REFERENCE

G.S. 31-32Caveat procedure

G.S. 31-333-year SOL from probate

G.S. 31-34Jury trial right

G.S. 31-3.3Will execution formalities

G.S. 28A-2A-7Clerk certifies to Superior

AOC-E-100Official NC caveat form

CRITICAL DEADLINES

3 years from the date the Will is offered for probate — this is absolute (G.S. 31-33)
File immediately if the deadline is approaching — no exceptions or extensions
The caveat petition must be filed in the same county where the Will was probated

WHAT HAPPENS AFTER FILING

Clerk of Superior Court issues summons to executor and all interested parties

Clerk holds a preliminary hearing

If probable cause exists, Clerk certifies the matter to Superior Court

Superior Court trial — typically before a jury — determines Will validity

Estate administration is stayed during caveat proceedings

GROUNDS SUMMARY

Testamentary capacity — decedent must know: property, heirs, nature of a Will, and how they relate
Undue influence — overcoming the testator's free will
Execution formalities — G.S. 31-3.3 (2 competent witnesses)
Revocation — subsequent Will or physical act
Fraud / forgery — criminal conduct

NEED AN ATTORNEY?

Caveat litigation is complex — courts apply heightened scrutiny
Barker Richardson, PLLC → NC probate litigation
WillVana.com → Estate planning to prevent caveat disputes