Dec222025
Probate Q&A Series

How does the year’s allowance work for a surviving spouse or dependent, and what documents do I need to file? – North Carolina

Short Answer

In North Carolina, a “year’s allowance” is a statutory family allowance that lets a surviving spouse (and, if applicable, certain dependent children) receive specific personal property or cash from the decedent’s estate for support. The request is typically made by filing a verified application/petition with the Clerk of Superior Court in the proper county, and providing a copy to the estate’s personal representative if one has been appointed. The spouse’s allowance generally has priority over a child’s allowance, and the clerk can assign specific personal property to satisfy the allowance.

Understanding the Problem

When someone dies in North Carolina, can a surviving spouse or dependent child ask the Clerk of Superior Court to set aside a year’s allowance from the decedent’s personal property, and what must be filed to start that request? The decision point is whether the claimant qualifies as a surviving spouse or an eligible child and can document that relationship and the estate’s personal property well enough for the clerk to assign property or enter a deficiency judgment. The process often comes up early in estate administration because the allowance can be assigned before other distributions, and it can affect what remains for other heirs and creditors.

Apply the Law

North Carolina law provides a spouse’s allowance (commonly called the year’s allowance) and, in some cases, a child’s allowance. The claim is made with the Clerk of Superior Court in the county where venue is proper for the estate. The clerk determines entitlement and assigns specific personal property of the estate to satisfy the allowance; if personal property is insufficient, the clerk may enter a deficiency judgment against the estate. If there is a personal representative (executor/administrator), the claimant must also deliver a copy of the verified filing to that personal representative, and a key deadline applies when letters have been issued.

Key Requirements

  • Eligible claimant: The applicant must be a surviving spouse, or an eligible child (often through a guardian), and not barred by a disqualifying statute.
  • Verified filing in the proper county: The request must be made by a verified petition/application filed with the Clerk of Superior Court where the estate venue is proper.
  • Identify personal property to be assigned (and give required notice): The filing should identify the personal property/cash requested to satisfy the allowance, and if a personal representative has been appointed, a copy must be delivered to that personal representative as required by statute.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, counsel represents a party in a North Carolina estate. The key facts to confirm for a year’s allowance request are (1) whether the claimant is the surviving spouse or an eligible child, (2) whether a personal representative has already qualified and letters have issued (because that can trigger a six-month filing deadline), and (3) what personal property exists that can be assigned (cash, bank accounts, vehicles, or other non-real-estate assets). Once those points are supported with documentation, the Clerk of Superior Court can sign an order assigning specific items to satisfy the allowance and can address any shortfall through a deficiency judgment against the estate.

Process & Timing

  1. Who files: The surviving spouse, or an eligible child acting through a guardian (or other authorized representative). Where: The Clerk of Superior Court in the county where estate venue is proper in North Carolina. What: A verified year’s allowance application/petition (commonly filed on AOC-E-100, “Application and Assignment Year’s Allowance”, where appropriate), plus supporting relationship documentation (often a family/marriage affidavit) and enough asset documentation for the clerk to identify and assign personal property. When: If a personal representative has been appointed and letters have issued, the claim must be filed within six months after the issuance of letters testamentary or letters of administration.
  2. Provide required notice: If a personal representative has been appointed, deliver a copy of the verified filing to the personal representative by personal delivery or first-class mail, and be prepared for the clerk to provide the order to the personal representative as well.
  3. Assignment and transfers: The clerk may sign an application/order assigning specific personal property. Certified copies are commonly used to transfer assets (for example, presenting a certified copy to a financial institution or to support a vehicle title transfer). If the allowance exceeds the personal property identified at the time, the clerk can address later-discovered assets or enter a deficiency judgment against the estate under the statute.

Exceptions & Pitfalls

  • Letters-issued deadline is often missed: When a personal representative has qualified, the six-month deadline can control even if the estate administration continues much longer.
  • Spouse’s allowance comes first: The clerk generally addresses the spouse’s allowance before a child’s allowance, which can affect what remains for a child’s claim.
  • Asset documentation problems: Clerks commonly want clear proof of account balances, ownership, and vehicle information. Bringing incomplete records can delay assignment or trigger a request for a hearing.
  • Real estate vs. personal property: The clerk typically assigns cash and personal property (not real estate) for the statutory allowance process; misidentifying assets can lead to rejection or delay.
  • Disqualification issues: Certain bars to spousal rights can defeat an allowance claim; those issues must be screened early before filing.

Conclusion

In North Carolina, the year’s allowance lets a surviving spouse (and sometimes an eligible child) receive assigned cash or personal property for support, through an order entered by the Clerk of Superior Court in the proper county. The claimant must file a verified application/petition that shows eligibility and identifies personal property to be assigned, and must provide a copy to the personal representative if one has been appointed. The most important timing issue is to file the claim within six months after letters issue when an executor/administrator is already in place.

Talk to a Probate Attorney

If a North Carolina estate involves a surviving spouse or dependent child seeking a year’s allowance and there is a question about eligibility, deadlines, or what property can be assigned, our firm has experienced attorneys who can help clarify 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.