North Carolina Statutes

Chapter 30 Surviving Spouses

Article 1 - Dissent from Will.

Article 1A - Elective Share.

  • § 30-3.1   Right of elective share
    (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...
  • § 30-3.2   Definitions
    The following definitions apply in this Article: (1) "Code" means the Internal Revenue Code in effect at the time of the decedent's death. (2) "Death...
  • § 30-3.3   Property passing to surviving spouse
    (a) Property Passing to Surviving Spouse. For purposes of this Article, "Property Passing to Surviving Spouse" means the sum of the following: (1) One‑half of...
  • § 30-3.4   Procedure for determining the elective share
    (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...
  • § 30-3.5   Recovery of assets by personal representative
    (a) Recovery of Assets. The personal representative is entitled to recover proportionately from all persons, other than the surviving spouse, receiving or in possession of...
  • § 30-3.6   Waiver of rights
    (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...

Article 2 - Dower.

Article 3 - Allotment of Dower.

Article 4 - Year's Allowance.

  • § 30-15   When spouse entitled to allowance
    Every surviving spouse of an intestate or of a testator, whether or not he has petitioned for an elective share, shall, unless he has forfeited...
  • § 30-16   Duty of personal representative, magistrate, or clerk to assign allowance
    It shall be the duty of every administrator, collector, or executor of a will, on application in writing, signed by the surviving spouse, at any...
  • § 30-17   When children entitled to an allowance
    Whenever any parent dies survived by any child under the age of 18 years, including an adopted child or a child with whom the widow...
  • § 30-18   From what property allowance assigned
    Such allowance shall be made in money or other personal property of the estate of the deceased spouse. (1868‑9, c. 93, s. 9; Code, s....
  • § 30-19   Value of property ascertained
    The value of the personal property assigned to the surviving spouse and children shall be ascertained by a magistrate or the clerk of court of...
  • § 30-20   Procedure for assignment
    Upon the application of the surviving spouse, a child by his guardian or next friend, or the personal representative of the deceased, the clerk of...
  • § 30-21   Report of clerk or magistrate
    The clerk of court, or magistrate upon assignment, shall make and sign three lists of the money or other personal property assigned to each person,...
  • § 30-22   Repealed by Session Laws 1971, c. 528, s. 25
  • § 30-23   Right of appeal
    The personal representative, or the surviving spouse, or child by his guardian or next friend, or any creditor, legatee or heir of the deceased, may...
  • § 30-24   Hearing on appeal
    At or before the day named, the appellant shall file with the clerk a copy of the assignment and a statement of his exceptions thereto,...
  • § 30-25   Personal representative entitled to credit
    Upon the settlement of the accounts of the personal representative, he shall be credited with the articles assigned, and the value of the deficiency assessed...
  • § 30-26   When above allowance is in full
    If the estate of a deceased be insolvent, or if his personal estate does not exceed ten thousand dollars ($10,000), the allowances for the year's...
  • § 30-27   Surviving spouse or child may apply to superior court
    It shall not, however, be obligatory on a surviving spouse or child to have the support assigned as above prescribed. Without application to the personal...
  • § 30-28   Nature of proceeding; parties
    The application shall be by summons, as is prescribed for special proceedings, in which the personal representative of the deceased, if there be one other...
  • § 30-29   What complaint must show
    In the complaint the plaintiff shall set forth, besides the facts entitling plaintiff to a year's support and the value of the support claimed, the...
  • § 30-30   Judgment and order for commissioners
    If the material allegations of the complaint be found true, the judgment shall be that plaintiff is entitled to the relief sought; and the court...
  • § 30-31   Duty of commissioners; amount of allowance
    The said commissioners shall be sworn by the magistrate and shall proceed as prescribed in this Chapter, except that they may assign to the plaintiff...
  • § 30-32   Exceptions to the report
    The personal representative, or any creditor, distributee or legatee of the deceased, within 10 days after the return of the report, may file exceptions thereto....
  • § 30-33   Confirmation of report; execution
    If the report shall be confirmed, the court shall so declare, and execution shall issue to enforce the judgment as in like cases. (1868‑9, c....