Chapter 30

(a) Every surviving spouse of a decedent, whether or not the surviving spouse has petitioned for an elective share, shall be entitled to receive an allowance having the value of sixty thousand dollars ($60,000) for the surviving spouse's support for one year after the death of th…

(1868-9, c. 93, s. 12; 1870-1, c. 263; Code, ss. 2120, 2122; 1889, cc. 496, 531; 1891, c. 13; Rev., ss. 3096, 3098; C.S., ss. 4113, 4115; 1961, c. 749, s. 2; 1971, c. 528, s. 21; 1997-310, s. 1; 2011-344, s. 7; repealed by 2023-120, s. 1.1(1), effective March 1, 2024.)

(a) Every child of a decedent who is under the age of 21 years at the time of the decedent's death, including an adopted child or a child in utero, and every child who is under the age of 21 years at the time of the decedent's death with whom the decedent stood in loco parentis a…

An allowance under this Article shall be awarded only out of cash or property, other than real property, of the decedent's estate. In the case of a spouse's allowance, the cash or personal property awarded shall be distributed to the spouse. In the case of a child's allowance, th…

The determination of the personal property to be awarded to the surviving spouse and children and the value thereof shall be made by the clerk of court of the county in which venue would be proper under G.S. 28A-3-1. (1868-9, c. 93, s. 13; Code, s. 2121; Rev., s. 3097; C.S., s. 4…

(a) The clerk of court shall first ascertain if the surviving spouse is entitled to an allowance according to the provisions of this Article, and, if so, enter an order setting forth the personal property of the estate to be awarded to the surviving spouse. Once the spouse's allo…

(1868-9, c. 93, s. 15; Code, s. 2123; Rev., s. 3099; C.S., s. 4116; 1961, c. 749, s. 7; 1971, c. 528, s. 24; 1989, c. 11, s. 3; 1997-310, s. 3; 2011-344, s. 7; 2012-71, s. 2(c); repealed by 2023-120, s. 1.1(2), effective March 1, 2024.)

If the assets awarded as part of a spouse's allowance or a child's allowance are distributed directly to the spouse or the petitioner for the child and never come into the possession of the personal representative, the assets shall not be reported on the inventory for the deceden…

The personal representative, or the surviving spouse, or child by a the child's guardian or next friend, or any creditor, devisee, or heir of the deceased, may appeal from the finding of the magistrate or clerk of court to the superior court of the county, by filing a copy of the…

(a) If no contested estate proceeding was commenced by the petitioner or by order of the clerk joining respondents to the proceeding to determine an award of an allowance under this Article, any person with standing, including the personal representative of the decedent's estate,…

(1868-9, c. 93, s. 18; Code, s. 2126; Rev., s. 3102; C.S., s. 4119; 1997, c. 310, s. 3; 2011-344, s. 7; repealed by Session Laws 2023-120, s. 1.1(4), effective March 1, 2024.)

A surviving spouse or child may file an estate proceeding with the clerk of court seeking an award of additional allowance in excess of the amount allowed to the spouse or child under G.S. 30-15 or G.S. 30-17. Any such proceeding must be filed within one year of the date of the d…

(1868-9, c. 93, s. 21; Code, s. 2129; Rev., s. 3105; C.S., s. 4122; 2011-284, s. 24; 2011-344, s. 7; repealed by 2023-120, s. 1.1(5), effective March 1, 2024.)

(1868-9, c. 93, s. 22; Code, s. 2130; Rev., s. 3106; C.S., s. 4123; 1961, c. 749, s. 12; 1981, c. 413, s. 4; 1995, c. 262, s. 7; 2009-183, s. 3; 2011-344, s. 7; 2013-81, s. 2; 2019-243, s. 24; repealed by Session Laws 2023-120, s. 1.1(6), effective March 1, 2024.)

(a) Elective Share. - The surviving spouse of a decedent who dies domiciled in this State has a right to claim an "elective share", which means an amount equal to (i) the applicable share of the Total Net Assets, as defined in G.S. 30-3.2(4), less (ii) the value of Net Property P…

The following definitions apply in this Article: (1) Claims. - Includes liabilities of the decedent, whether arising in contract, in tort, or otherwise, and liabilities of the decedent's estate that arise at or after the death of the decedent, including funeral and administrative…

(a) Basic Principles. - Unless otherwise expressly stated to the contrary in this section, the value of property shall be that property's fair market value, taking into consideration any applicable discounts. The value shall be determined as of the date of death, except for (i) p…

(a) Exercisable Only During Lifetime. - The right of the surviving spouse to file a claim for an elective share must be exercised during the lifetime of the surviving spouse, by the surviving spouse, by the surviving spouse's agent if the surviving spouse's power of attorney expr…

(a) Repealed by Session Laws 2009, c. 368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1 , 2009. (a1) Apportionment. - The personal representative shall apportion the liability to the surviving spouse for the amount of the elective share…

(a) The right of a surviving spouse to claim an elective share may be waived, wholly or partially, before or after marriage, with or without consideration, by a written waiver signed by the surviving spouse, by the surviving spouse's attorney-in-fact if the surviving spouse's pow…

The clerk of court shall hear the matter and determine whether the surviving spouse or child is entitled to some or all of the relief sought and, if the clerk determines that the spouse or child is so entitled, the clerk shall enter judgment against the estate for the amount of t…

In determining the amount of additional allowance to award pursuant to G.S. 30-27, the clerk of court may assign to the petitioner an amount sufficient for the support of the petitioner and without regard to the dollar limitations set forth in this Article, provided that the foll…

This Article may be cited as the Uniform Community Property Disposition at Death Act. (2025-25, s. 51.)

In this Article, the following definitions apply: (1) Community-property spouse. - An individual in a marriage or other relationship that satisfies all of the following: a. Community property could be acquired under the relationship. b. The relationship remains in existence at th…

(a) Subject to subsection (b) of this section, this Article applies to all of the following property of a community-property spouse, without regard to how the property is titled or held: (1) If a decedent was domiciled in this State at the time of death, all of the following prop…

(a) Community-property spouses domiciled in this State may partition or reclassify property to which this Article otherwise would apply. The partition or reclassification must be in a record signed by both community-property spouses. Unless both community-property spouses agree o…

This Article is presumed to apply to all property acquired by a community-property spouse when domiciled in a jurisdiction where property acquired by the community-property spouse was presumed to be community property under the law of that jurisdiction. This presumption may be re…

(a) One-half of the property to which this Article applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which this Article applies belongs to the decedent and is subjec…

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on either of the following acts: (1) An act of the surviving community-property spouse or…

(a) The surviving community-property spouse of a decedent may assert a claim for relief with respect to a right under this Article in accordance with the following: (1) With respect to a claim for relief asserting a right in or to property, the surviving community-property spouse…

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this Article in accordance with the following: (1) With respect to a claim asserting a right in or to property, the heir, devisee, or non…

(a) With respect to property to which this Article applies, a person is not liable under this Article if all of the following apply: (1) The person transacts in good faith and for value with either of the following: a. A community-property spouse. b. After the death of the decede…

The principles of law and equity supplement this Article except to the extent inconsistent with this Article. (2025-25, s. 51.)

In applying and construing this Article, a court shall consider the promotion of uniformity of the law among jurisdictions that enact the Uniform Community Property Disposition at Death Act. (2025-25, s. 51.)