How can a State of North Carolina surviving spouse claim an elective share and how does a standstill order pause estate distributions?

1. Detailed Answer

Claiming an Elective Share

Under North Carolina law, a surviving spouse may elect to take a fixed share of the deceased spouse’s estate instead of whatever the will provides. This right protects spouses who might otherwise receive little or nothing under the will. The elective share equals one third of the augmented estate. The augmented estate includes probate assets, certain joint property, gifts, and transfers made within two years of death that favor the decedent.

To claim the elective share, the surviving spouse must:

• File a petition with the clerk of superior court in the county where probate occurs within six months after the personal representative receives letters. See N.C. Gen. Stat. § 30-3.1.
• Detail all assets in the augmented estate, both probate and qualifying nonprobate property.
• Provide a valuation date (the date of death) and supporting documentation, such as appraisals or account statements.
• Calculate one third of the augmented estate and claim that amount.

Once the clerk reviews and approves the petition, the personal representative distributes to the spouse the value of the elective share. If the estate lacks sufficient liquid assets, the representative may need to sell property or adjust distributions to other beneficiaries.

Standstill Orders and Estate Distributions

A standstill order pauses estate distributions when someone contests the will or when the personal representative learns of a potential dispute. This order prevents the representative from paying debts, distributing assets, or closing the estate until the court resolves the issue. It protects the estate against claims that could arise from a will contest or elective share petition.

To obtain a standstill order, the personal representative:

• Files a petition with the clerk describing the nature of the contest or the risk of claims.
• Posts a bond or other security to cover estate expenses and potential liabilities during the standstill period.
• Obtains a written order directing the representative to withhold all distributions except allowances for reasonable funeral expenses, family allowances, and necessary administrative costs.

Standstill orders usually follow the provisions of N.C. Gen. Stat. § 28A-2-5. Once the dispute ends—by settlement, court decision, or withdrawal—the representative asks the court to lift the standstill. Then the estate can resume distributions under the will or applicable statutes.

2. Key Points to Remember

• The elective share protects a surviving spouse by providing a statutory minimum inheritance.
• You must file your elective share petition within six months of the personal representative’s qualification.
• The augmented estate calculation includes both probate and certain nonprobate assets.
• A standstill order halts distributions pending resolution of will contests or other disputes.
• The personal representative must post security before a standstill order can take effect.
• Once the court lifts the standstill, the representative completes distributions under court direction.

Facing an elective share claim or need to petition for a standstill order can feel overwhelming. At Pierce Law Group, we guide families through every step of probate administration in North Carolina. Our attorneys respond promptly to deadlines, prepare precise petitions, and protect estate assets while contests remain pending. To discuss your situation, email us at intake@piercelaw.com or call us at (919) 341-7055. Let us help you protect your rights and navigate probate with confidence.