In Re ESTATE OF JAMES LYNN HILL

Boggs, Judge.

James David Hill appeals from a superior court order granting summary judgment in favor of Erica Paul, the executrix of the estate of James Lynn Hill, on the issue of whether Hill’s untimely caveat to the will in probate court should be dismissed. On appeal, Hill contends that the superior court erred by rejecting his claim that the executrix waived her right to assert default as a ground to dismiss his caveat. For the reasons explained below, we agree and reverse.

The record shows that after Paul filed a petition to probate the will of James L. Hill, 1 a notice was sent to his…