How a Surviving Spouse Secures a Year’s Allowance and Deficiency Judgment in North Carolina
Detailed Answer
When a spouse dies, probate begins in the county where the decedent lived. North Carolina law grants the surviving spouse a year’s allowance to cover basic living expenses during probate. Under N.C. Gen. Stat. § 30-15, the spouse may claim up to $30,000 (current statutory amount) in personal property or its cash equivalent. To secure this allowance, the surviving spouse must:
- File a petition for year’s allowance with the clerk of superior court within 30 days of probate opening. Missing this deadline may forfeit the right.
- Attend the hearing scheduled by the court. Present evidence of living expenses and estate assets.
- Obtain a court order specifying the allowance amount and whether the estate must transfer personal property or pay cash.
If the estate lacks sufficient personal property or cash to satisfy the allowance, the clerk can order the sale of real estate. When sale proceeds fall short of the court-ordered allowance, the surviving spouse may file for a deficiency judgment. Under N.C. Gen. Stat. § 30-17, the spouse petitions the clerk for a judgment equal to the difference between the allowance amount and sale proceeds. The court then issues a deficiency judgment against the estate, ensuring the spouse receives full support.
Key Points to Remember
- Deadline: File for a year’s allowance within 30 days after probate opens.
- Statutory Cap: The allowance covers up to the current statutory maximum (see G.S. 30-15).
- Property Choice: Surviving spouse selects estate personal property or a cash award.
- Court Order: Must specify allowance amount, form of payment, and sale instructions if needed.
- Deficiency Judgment: File under G.S. 30-17 to cover any shortfall from a sale.
- Filing Location: Submit petitions and motions in the clerk of superior court’s office in the county where probate is pending.
Next Steps
A year’s allowance and a deficiency judgment safeguard a surviving spouse’s right to support from the estate. To navigate deadlines and court procedures, turn to an experienced probate attorney at Pierce Law Group. Contact us by emailing intake@piercelaw.com or calling (919) 341-7055 today.
