§ 31-32. When and by whom caveat filed. - North Carolina Statutes

Article6.

Caveat to Will.

§ 31‑32.  When and bywhom caveat filed.

At the time of application forprobate of any will, and the probate thereof in common form, or at any timewithin three years thereafter, any person entitled under such will, or interestedin the  estate, may appear in person or by attorney before the clerk of thesuperior court and enter a caveat to the probate of such will: Provided, thatif any person entitled to file a caveat be within the age of 18 years, orinsane, or imprisoned, then such person may file a caveat within three yearsafter the removal of such disability.

Notwithstanding the provisionsof the first paragraph of this section, as to persons not under disability, acaveat to the probate of a will probated in common form prior to May 1, 1951,must be filed  within seven years of the date of probate or within three yearsfrom May 1, 1951, whichever period of time is shorter. (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.)