Short Answer

Yes—North Carolina’s one-year spousal allowance lets a surviving spouse receive up to $60,000 of the decedent’s personal property, which can include titled trailers and a bank account held solely in the decedent’s name, if you apply within one year of death. Real estate is not eligible for the allowance. To confirm title to a real property parcel, you must probate the will (or use summary administration if you are the sole heir/devisee). The allowance is generally paid before unsecured creditors.

Understanding the Problem

In North Carolina, can a surviving spouse use the one-year allowance to take title to trailers and a sole-owner bank account when no probate has started, and what must be done about an adjacent real estate parcel? Here, the spouse has not yet filed the will with the county. This question is about whether the allowance can move those personal-property assets without opening a full estate and how to handle the separate issue of title to real property.

Apply the Law

Under North Carolina law, a surviving spouse may claim a year’s allowance of up to $60,000 from the decedent’s personal property by applying with the Clerk of Superior Court within one year of death. The clerk can assign specific items of personal property—such as titled motor vehicles (including titled trailers) and deposit accounts in the decedent’s sole name—to the spouse. Real property cannot fund the allowance; title to land is handled through probate. The main forum is the Clerk of Superior Court in the county of the decedent’s domicile.

Key Requirements

• Eligible surviving spouse: You must be the decedent’s surviving spouse and not barred by abandonment, a slayer finding, or a valid waiver/renunciation.
• Apply within one year: File the application no later than one year after the date of death; late claims are barred.
• Personal property only: The allowance is satisfied from personal property (e.g., titled trailers, cash, bank accounts), not real estate.
• Value cap: The standard spousal allowance is up to $60,000 total in money or personal property.
• Priority over general debts: The allowance is generally paid before unsecured creditors of the estate.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Establishes the spouse’s right to a one-year allowance from personal property.
• North Carolina Gen. Stat. § 30-18 (Property for allowance) – Limits funding of the allowance to personal property.
• North Carolina Gen. Stat. § 20-77 (Motor vehicle title transfer by affidavit) – Allows transfer of motor vehicle titles, which can include titled trailers, in connection with an allowance or small estates.
• North Carolina Gen. Stat. § 28A-28-4 (Effect of summary administration) – An order of summary administration compels transfer of bank accounts and vehicle titles and authorizes spousal conveyance of inherited real property.

Analysis

Apply the Rule to the Facts: Because the spouse has not opened probate, they can apply directly to the Clerk of Superior Court for the year’s allowance within one year of death. The titled trailers and the sole-owner bank account are personal property, so they can be assigned toward the $60,000 allowance and transferred using the clerk’s assignment. The adjacent real property parcel cannot be transferred by the allowance; to confirm title to that parcel, the spouse must probate the will (or, if the spouse is the sole devisee/heir, consider summary administration).

Process & Timing

1. Who files: Surviving spouse. Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: File AOC‑E‑100 (Application and Assignment of Year’s Allowance). When: Within one year of the date of death.
2. The clerk reviews the application, identifies eligible personal property, values it, and issues an assignment listing the specific items and values. This can take days to a few weeks, and timing varies by county.
3. Final step and outcome: Use the certified assignment list to transfer assets: present it to the bank to release the account; for titled trailers, complete DMV title transfer (the clerk’s assignment and, if required, the affidavit process under G.S. 20‑77) to retitle in the spouse’s name. For the real property parcel, separately file the will for probate (or petition for summary administration if eligible) to confirm title.

Exceptions & Pitfalls

• Acts barring rights, a valid waiver, or a renunciation can disqualify a spouse from the allowance.
• Real estate cannot fund the allowance; do not rely on it to transfer land.
• Joint accounts with right of survivorship generally bypass the estate and are not available for the allowance (with limited statutory exceptions).
• If there are eligible children also seeking an allowance, the clerk may prorate limited personal property among allowances.
• Procedures and required proofs for DMV title transfers of trailers can vary; bring the clerk’s certified assignment and all title documents.
• Summary administration can be faster for transfers but makes the spouse liable for the decedent’s debts to the extent of the estate received.

Talk to a Probate Attorney

If you’re dealing with using the one-year allowance to transfer personal property and need to confirm title to real estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.