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NC General Statutes

N.C. Gen. Stat. § 31-32 (2026)

Filing of caveat

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(a) At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any party interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of such will; Provided that if any person entitled to file a caveat be within the age of 18 years, or incompetent as defined in G.S. 35A-1101(7) or (8), then such person may file a caveat within three years after the removal of such disability.

(b) The caveat shall be filed in the decedent's estate file. The clerk of superior court shall give notice of the filing by making an entry where the will is recorded, evidencing that the caveat has been filed and giving the date of such filing.

(c) If a will has been probated in solemn form pursuant to G.S. 28A-2A-7, any party who was properly served in that probate in solemn form shall be barred from filing a caveat.  (C.C.P., s. 446; Code, s. 2158; Rev., s. 3135; 1907, c. 862; C.S., s. 4158; 1925, c. 81; 1951, c. 496, ss. 1, 2; 1971, c. 1231, s. 1; 2011-344, s. 8; 2024-33, s. 11.)

 

Notes of Decisions
Cited in 43 cases (2 in the last 5 years), 1945–2022 · leading case: In Re the Purported Last Will & Testament of Barnes, 579 S.E.2d 585 (N.C. Ct. App. 2003).
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In Re the Purported Last Will & Testament of Barnes, 579 S.E.2d 585 (N.C. Ct. App. 2003). · cites it 28× “2d 225, 226 (1964) [hereinafter " Belvin "] (citing N.C. Gen.Stat. § 31-32). "An interest resting on sentiment or sympathy, or any basis other than the gain or loss of money or its equivalent, is not sufficient" to establish standing as a caveator, otherwise any person could…”
In re Will of McFayden, 635 S.E.2d 65 (N.C. Ct. App. 2006). · cites it 6× “] N.C. Gen.Stat. § 31-32 (2003). Our caselaw has held that a person "interested in the estate" "must have some pecuniary or beneficial interest in the estate that is detrimentally affected by the will.”
In re Will of Kersey, 627 S.E.2d 309 (N.C. Ct. App. 2006). · cites it 8× “1A-1, Rule 4(j) and (k)" requires, as a corollary, that such notice be given contemporaneously in time with the transfer of the cause by the Clerk [of] Superior Court to the Superior Court for trial, or within a reasonable time thereafter, but in no event later than the…”
Baars v. Campbell Univ., Inc., 558 S.E.2d 871 (N.C. Ct. App. 2002). · cites it 2× “N.C. Gen. Stat. § 31-32 (1999) states: At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any person entitled under such will, or interested in the estate, may appear in person or by attorney…”
Mileski v. McConville, 681 S.E.2d 515 (N.C. Ct. App. 2009). · cites it 4× “North Carolina General Statutes, section 31-32 states: At the time of application for probate of any will, and the probate thereof in common form, or at any time within three years thereafter, any person entitled under such will, or interested in the estate, may appear in person…”
In re the Est. of James Junior Phillips, 795 S.E.2d 273 (N.C. Ct. App. 2016). · cites it 2× “N.C. Gen. Stat. § 31-32 allows any person "interested in the estate" to file such an action, which includes anyone "who has a direct pecuniary interest in the estate of the alleged testator which will be defeated or impaired if the instrument in question is held to be a valid…”
Murrow v. Henson, 616 S.E.2d 664 (N.C. Ct. App. 2005). · cites it 4× “N.C. Gen. Stat. § 31-32 (2003), which governs caveat proceedings, provides that “any person entitled under such will, or interested in the estate, may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of such will .”
Casstevens v. Wagoner, 392 S.E.2d 776 (N.C. Ct. App. 1990). · cites it 6× “Although it is often stated that, “[w]hen a caveat is filed the Superior Court acquires jurisdiction of the whole matter in controversy,” In re Will of Charles, supra (and cases cited therein), such a pronouncement does not alter the affirmative statutory requirement that caveat…”
In Re the Will of Durham, 698 S.E.2d 112 (N.C. Ct. App. 2010). · cites it 2× “§ 28A-9-1 is a separate proceeding from a caveat proceeding conducted pursuant to N.C. Gen. Stat. § 31-32 et seq.; that the sanctions order was the final order entered in the removal proceeding; and that Caveator’s failure to note an appeal to this Court within the time period…”
Matter of Will of Evans, 264 S.E.2d 387 (N.C. Ct. App. 1980). · cites it 5× “The caveators’ sole assignment of error is whether the trial court erred in allowing the propounder’s motion to dismiss the caveat as not having been brought within the three year statute of limitations pursuant to G.S. 31-32. G.S. 31-32 provides in pertinent part: At the time…”
In the Matter of Will of Edgerton, 223 S.E.2d 524 (N.C. Ct. App. 1976). · cites it 2× “Propounders maintain that caveator executed a renunciation and release to any interest in decedent’s estate, and, pursuant to G.S. 31-32, caveator no longer has standing to file a caveat.”
Matter of Will of Hester, 353 S.E.2d 643 (N.C. Ct. App. 1987). · cites it 3× “G.S. § 31-32 affords protection to any interested persons who do not receive notice.”
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— N.C. Gen. Stat. § 31-32(a) — 1 case
Brittian Ex Rel. Hildebran v. Brittian, 776 S.E.2d 867 (N.C. Ct. App. 2015).
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