Short Answer

In North Carolina, the fastest way to free up money for a surviving spouse’s care is to claim the spousal year’s allowance (currently $60,000) from the decedent’s personal property, which is paid before general creditors. If that is not enough, you can ask the Clerk for an additional allowance by special proceeding, and the personal representatives can request an approved interim distribution to the spouse. If the spouse was underprovided by will or nonprobate transfers, consider an elective share claim within six months after letters issue.

Understanding the Problem

You are co-personal representatives in North Carolina and need to ensure the surviving spouse has enough money for care during probate. The surviving spouse has early dementia, which makes timely, reliable cash flow important while you gather and value estate assets (including joint bank accounts and a possible LLC interest).

Apply the Law

North Carolina law gives a surviving spouse priority support from the decedent’s personal property through a year’s allowance. If the standard allowance is insufficient, the spouse can seek an additional allowance by special proceeding. The Clerk of Superior Court can also authorize interim distributions from the estate before final settlement when safeguards are in place. If testamentary or nonprobate arrangements leave the spouse underfunded, an elective share can pull additional assets into the calculation. The probate forum is the Clerk of Superior Court in the county of the decedent’s domicile; core time triggers include creditor notice periods and, for elective share, six months after letters issue.

Key Requirements

• Spousal year’s allowance: The spouse may receive $60,000 from the decedent’s personal property for one year’s support, ahead of general creditors.
• Additional allowance: If $60,000 is not enough, the spouse (or fiduciary acting for the spouse) may petition the Clerk for more; a statutory cap ties the total of all allowances to a portion of the decedent’s recent average after‑tax income.
• Interim distributions: With Clerk approval and appropriate safeguards (e.g., bond/receipts), the personal representatives can make distributions in advance to meet support needs.
• Elective share (if underprovided): A spouse who receives too little because of a will or nonprobate transfers can claim an elective share; this must be filed within six months after letters.
• Nonprobate assets and survivorship: Joint accounts with survivorship and similar nonprobate assets may be immediately available to the surviving spouse and can reduce pressure on estate liquidity.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Authorizes a spouse’s one‑year support allowance from personal property.
• North Carolina Gen. Stat. § 30-27 (Additional allowance by special proceeding) – Allows a larger allowance on petition and sets core parameters.
• North Carolina Gen. Stat. § 28A-22-1 (Distribution in advance) – Permits the Clerk to approve advance distributions before final settlement.
• North Carolina Gen. Stat. § 30-3.4 (Elective share procedure) – Sets the elective share filing deadline and process (generally six months after letters).

Analysis

Apply the Rule to the Facts: As co‑personal representatives of an intestate estate, you can quickly secure the $60,000 year’s allowance from personal property for the surviving spouse’s care; this comes ahead of general creditor claims and helps with immediate needs. If the spouse’s care costs exceed that, file a petition for an additional allowance. You may also ask the Clerk to approve an interim distribution to the spouse while you identify and value the joint accounts and the LLC interest. If beneficiary designations or other transfers leave the spouse underfunded, evaluate an elective share claim within six months after letters.

Process & Timing

1. Who files: The surviving spouse (or a guardian/attorney‑in‑fact with proper authority). Where: Clerk of Superior Court in the decedent’s county. What: AOC‑E‑100 (Application and Assignment of Year’s Allowance); petition for additional allowance if needed; PR motion for distribution in advance. When: File the spouse’s allowance promptly; if letters have issued, aim to file within six months. Elective share, if needed, must be filed within six months after letters.
2. For an additional allowance, file a special proceeding and serve required parties. The Clerk will set a hearing; the total of all allowances cannot exceed a statutory cap tied to the decedent’s recent average after‑tax income. Local scheduling varies by county.
3. For interim distributions, the PRs request Clerk approval with appropriate safeguards (e.g., bond/receipts). If granted, expect an order authorizing advance payments for the spouse’s support before final accounting.

Exceptions & Pitfalls

• If the spouse is incompetent, a general guardian or a properly authorized agent must apply; the Clerk may require proof of authority.
• Year’s allowance is paid from personal property; if personal property is limited, you may need an additional allowance or an approved interim distribution.
• Joint bank accounts must truly have survivorship to pass outside probate; confirm titling before relying on those funds for care.
• Additional allowance petitions have timing and service requirements; missing them can forfeit relief.
• Do not make advance distributions without Clerk approval or required bond; premature payments can expose the PRs to surcharge.

Talk to a Probate Attorney

If you’re dealing with getting timely support to a surviving spouse during probate, 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.