North Carolina Year’s Allowance and Personal Property: Must You List Every Asset?

Detailed Answer

The North Carolina year’s allowance is a statutory benefit that lets a surviving spouse (up to $60,000) and minor children (each up to $5,000) claim personal property before most creditors are paid. The governing statutes appear in Article 4, Chapter 30 of the North Carolina General Statutes. Whether you must list assets depends on your role:

1. If You Are the Surviving Spouse or Guardian Filing the Claim

• You file court form AOC-E-100 (Application and Assignment Year’s Allowance to Surviving Spouse) or AOC-E-101 (for minor child).
• The form requires you to describe and value the personal property you want applied toward the allowance. Examples include vehicles, bank accounts, household furnishings, jewelry, or farm equipment.
• Listing is mandatory because the clerk of superior court must verify (1) the items are part of the decedent’s probate estate and (2) the total value does not exceed the statutory cap. See N.C. Gen. Stat. § 30-17.
• If you do not know every asset, list all property you are aware of and state that the list is “to the best of my knowledge.” You can amend later if additional items surface within the 12-month filing window.

2. If You Are the Personal Representative

• You must deliver an inventory of all probate personal property to the clerk within three months of qualification under N.C. Gen. Stat. § 28A-20-1.
• When a year’s allowance claim arrives, you apply the assets listed on the claim against the allowance first. If their value is insufficient, you allocate additional estate property starting with cash equivalents, then tangible items, until the cap is reached (§ 30-18).
• You must update the estate inventory to reflect the transfer. Failure to do so can expose you to surcharge or removal.

Common Questions

Do I list items with sentimental value but little money value? Yes. The statute focuses on fair-market value, not sentimental worth. Still list them so the clerk understands why they are being claimed.

What about jointly owned property? Only the decedent’s fractional interest goes toward the allowance. Assets passing outside probate (e.g., joint bank accounts with right of survivorship) need not be listed.

Do I need appraisals? Appraisals are optional but helpful when the item’s value is unclear or likely to be challenged by creditors or co-heirs.

Helpful Hints

• File within one year of the date of death—after that, the benefit is lost (see § 30-15).
• Attach recent bank statements or blue-book printouts for vehicles to support your valuations.
• If the estate owns real estate only, you may still claim the allowance, but you must show there is no personal property; the clerk will then assign the cash equivalent from sale proceeds.
• Deliver copies of the filed application to the personal representative and any known heirs for transparency.
• Keep a signed, filed copy of the allowance order—it protects you from later creditor claims on those assets.

Need Guidance?

Correctly listing personal property on a year’s allowance petition prevents delays and creditor disputes. Our North Carolina probate attorneys handle allowances, inventories, and creditor negotiations every day. Call us at (919) 341-7055 to schedule a consultation and protect your statutory rights today.