How do I inherit real estate and claim a spousal allowance in North Carolina probate?
Detailed Answer
In North Carolina, you inherit real estate through probate or by operation of law. If the decedent left a valid will, the personal representative delivers real estate to beneficiaries according to its terms under N.C.G.S. § 28A-15-1 (Link). Absent a will, intestate succession rules in N.C.G.S. § 29-14 (Link) govern who inherits. Your share depends on whether property is separate or community.
To begin probate, you or another interested party files a petition with the clerk of superior court in the county where the decedent lived. The clerk issues letters testamentary (when there is a will) or letters of administration (when there is none). With these letters, the personal representative can transfer title and record deeds.
Claiming a Spousal Allowance
The surviving spouse may request a personal allowance under N.C.G.S. § 30-13 (Link) and a family allowance under § 30-14 (Link). The personal allowance provides up to $30,000 for the spouse’s needs during probate. The family allowance covers support and maintenance for up to 18 months from estate assets.
To claim these allowances, file a written request with the clerk before the final distribution of estate assets. The claim becomes part of the estate record. The court reviews estate assets, approves the allowance amounts, and pays them before settling debts and distributing assets to beneficiaries.
Key Points
- Determine whether the decedent left a valid will or died intestate.
- File a probate petition and secure letters from the clerk of superior court.
- Transfer real estate by recording deeds under court supervision.
- File for personal and family allowances promptly in probate.
- Note statutory limits: up to $30,000 for personal allowance; up to 18 months for family allowance.
Contact Pierce Law Group
Inheriting real estate and securing a spousal allowance can feel overwhelming. Pierce Law Group has experienced attorneys who guide you every step of the way. Contact us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
