The overwhelming majority of wills in North Carolina are probated in common form, but it is worth considering whether to probate a will in solemn form.
At the time of application for probate of any will in common form or anytime within three years following the application, any party interested in the estate may appear before the clerk of the superior court and enter a caveat to the probate of such will.
However, probating a will in solemn form forces interested parties to either raise the issue of contesting a will or giving up on it. When a will is probated in solemn form, a notice is sent to all interested persons to appear before the Clerk of Court to observe the probate of the Will. If anyone challenges the Will, the Clerk will remove the matter to Superior Court and it will be decided there.
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But, if no interested party contests the validity of the will, the probate shall be binding, and no interested party who was properly served may file a caveat of the probated will. Furthermore, even if someone has probated in common form, they are not precluded from subsequently applying in solemn form.
If you need help with probating the will of a loved one or administering an estate please contact Hopler, Wilms, & Hanna PLLC today.