North Carolina General Statutes Chapter 30 Surviving Spouses

Article 1 - Dissent from Will.

• N.C. Gen. Stat. § 30-1 through 30-3.   Repealed by Session Laws 2000-178, s. 1

Article 1A - Elective Share.

• N.C. Gen. Stat. § 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",...
• N.C. Gen. Stat. § 30-3.2.   Definitions
  The following definitions apply in this Article: (1) Claims. - Includes liabilities of the decedent, whether arising in contract, in tort, or otherwise, and...
• N.C. Gen. Stat. § 30-3.3.   Repealed by Session Laws 2009-368, s. 1, effective July 27, 2009, and applicable to decedents dying on or after October 1, 2009
• N.C. Gen. Stat. § 30-3.3A.   Valuation of property
  (a) Basic Principles. - Unless otherwise expressly stated to the contrary in this section, the value of property shall be that property's fair market...
• N.C. Gen. Stat. § 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...
• N.C. Gen. Stat. § 30-3.5.   Satisfaction of elective share
  (a) Repealed by Session Laws 2009, c. 368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1...
• N.C. Gen. Stat. § 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...

Article 2 - Dower.

• N.C. Gen. Stat. § 30-4 through 30-8.   Repealed by Session Laws 1959, c. 879, s. 14
• N.C. Gen. Stat. § 30-9.   Repealed by Session Laws 1965, c. 853
• N.C. Gen. Stat. § 30-10.   Repealed by Session Laws 1959, c. 879, s. 14

Article 3 - Allotment of Dower.

• N.C. Gen. Stat. § 30-11 through 30-14.   Repealed by Session Laws 1959, c. 879, s. 14

Article 4 - Year's Allowance.

• N.C. Gen. Stat. § 30-15.   When spouse entitled to allowance
  Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless...
• N.C. Gen. Stat. § 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...
• N.C. Gen. Stat. § 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...
• N.C. Gen. Stat. § 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,...
• N.C. Gen. Stat. § 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...
• N.C. Gen. Stat. § 30-20.   Procedure for assignment
  Upon the application of the surviving spouse, a child by the child's guardian or next friend, or the personal representative of the deceased, the...
• N.C. Gen. Stat. § 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...
• N.C. Gen. Stat. § 30-22.   Repealed by Session Laws 1971, c. 528, s. 25
• N.C. Gen. Stat. § 30-23.   Right of appeal
  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...
• N.C. Gen. Stat. § 30-24.   Repealed by Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date
• N.C. Gen. Stat. § 30-25.   Personal representative entitled to credit
  Upon the settlement of the accounts of the personal representative, the personal representative shall be credited with the articles assigned, and the value of...
• N.C. Gen. Stat. § 30-26.   Repealed by Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date
• N.C. Gen. Stat. § 30-27.   Surviving spouse or child may apply to superior court
  In addition to any support otherwise assigned to the surviving spouse or child under this Article, without application to the personal representative, the surviving...
• N.C. Gen. Stat. § 30-28.   Nature of proceeding; parties
  The application shall be by petition in a special proceeding before the clerk of superior court. The personal representative of the deceased, if there...
• N.C. Gen. Stat. § 30-29.   What petition must show
  In the petition the petitioner shall set forth, besides the facts entitling petitioner to a year's support and the value of the support claimed,...
• N.C. Gen. Stat. § 30-30.   Judgment
  The clerk of superior court shall hear the matter and determine whether the petitioner is entitled to some or all of the relief sought...
• N.C. Gen. Stat. § 30-31.   Amount of allowance
  The clerk of superior court may assign to the petitioner a value sufficient for the support of petitioner according to the estate and condition...
• N.C. Gen. Stat. § 30-31.1.   Service of judgment and appeal
  The petitioner shall serve the clerk's judgment on all other parties. The judgment also shall be filed in the estate file of the deceased....
• N.C. Gen. Stat. § 30-31.2.   Execution
  If the clerk's judgment is not appealed as provided in G.S. 1-301.2, execution shall issue to enforce the judgment as in like cases under...
• N.C. Gen. Stat. § 30-32.   Repealed by Session Laws 2012-194, s. 40, effective July 17, 2012
• N.C. Gen. Stat. § 30-33.   Repealed by Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date

Last modified: March 23, 2014