What Is the Year’s Allowance and How Does It Work in North Carolina?
When someone dies, North Carolina law provides a Year’s Allowance to support certain family members right away. This allowance comes from the decedent’s personal estate before creditors and beneficiaries receive distributions. You need to know how to claim it, the amounts involved, and the deadlines.
Understanding the Year’s Allowance Under North Carolina Law
The Year’s Allowance appears in North Carolina General Statutes Chapter 30, Sections 30-15 through 30-17. It entitles a surviving spouse and minor children to a set sum for living expenses during the first year after death. Eligible parties may petition the clerk of superior court to receive these funds regardless of any will that attempts to prevent it.
Key statutory provisions:
- GS 30-15 defines who qualifies and the basic allowance.
- GS 30-16 explains what the allowance includes.
- GS 30-17 covers timing and filing requirements.
Under GS 30-15, the amounts are:
- Spouse only: $36,000 if no minor children survive (GS 30-15(1)).
- Children only: $12,000 divided equally among minor children if no spouse survives (GS 30-15(2)).
- Spouse and children: Spouse receives $24,000; children share $12,000 equally (GS 30-15(3)).
The personal representative must file a petition with the clerk of superior court—usually in the county where letters testamentary or of administration issued—within one year of the decedent’s death. The clerk orders payment from the personal estate before any other distributions.
Key Points About the Year’s Allowance
- Purpose: Provide immediate support—housing, food, and living expenses—for eligible family members.
- Eligibility: Surviving spouse who has not remarried and minor children of the decedent.
- Filing Deadline: Petition within 12 months of death or issuance of letters.
- Statutory Limits: Fixed amounts prevent overpayment.
- Executor Duties: Include the allowance in the estate inventory and pay it before other distributions.
- Impact on Estate: After allowance, remaining assets satisfy creditors and then heirs under the will or intestate succession (Chapter 29).
- Professional Guidance: Early legal advice helps you file correctly and meet deadlines.
Get Help with Year’s Allowance and Probate in North Carolina
A Year’s Allowance protects your family’s financial security after a loved one’s passing. Navigating probate deadlines and statutory procedures can feel overwhelming. At Pierce Law Group, our attorneys handle estates under North Carolina law every day. We guide you through each step to claim the allowance and settle the estate correctly.
For personalized advice, contact Pierce Law Group today. Email intake@piercelaw.com or call (919) 341-7055.
