Dec122025
Probate Q&A Series

How can we claim funds from a bank account that was only in the decedent’s name using a year’s allowance? – North Carolina

Short Answer

In North Carolina, a surviving spouse (and qualifying minor children) can claim funds held in a bank account titled only in the decedent’s name by filing a petition for a year’s allowance with the clerk of superior court instead of opening a full estate, as long as the account is part of the decedent’s personal property. The clerk can assign up to the statutory allowance amount from that account (and any other personal property) directly to the spouse and children, and banks will typically release the funds upon receiving a certified copy of the clerk’s order. If a personal representative has already been appointed, the petition must be filed within six months after letters are issued. Real estate and many non-probate transfers are not used to fund the allowance.

Understanding the Problem

The narrow question is whether, under North Carolina probate law, a surviving spouse or qualifying child can use a year’s allowance to access money held in a bank account that was titled only in the decedent’s name at death, without going through full estate administration. The concern is how to reach that account quickly and cleanly through the clerk of superior court so that personal property is available for support and to avoid complications for other transactions, such as a pending home sale, while staying within the rules that limit what property can fund a year’s allowance.

Apply the Law

Under North Carolina law, the year’s allowance is a statutory support right in the decedent’s personal property. It lets a surviving spouse and qualifying children receive a fixed value of personal property, such as a bank account in the decedent’s sole name, ahead of most creditors and often without opening a full estate. The proceeding is filed as an estate matter with the clerk of superior court in the county where venue for estate administration would be proper, and, if a personal representative has already been appointed, strict timing rules apply.

Key Requirements

  • Eligible claimant: The claimant must be a surviving spouse or a qualifying child (typically under age 21 or otherwise meeting the statute’s criteria) of a North Carolina decedent.
  • Personal property available: There must be personal property of the decedent (such as funds in a bank account titled solely in the decedent’s name) that the clerk can award up to the statutory allowance amount; real estate and many non-probate assets do not fund the allowance.
  • Proper petition and timing: The claimant must file a verified petition for year’s allowance with the clerk of superior court in the proper county, and if a personal representative has been appointed, the petition must be filed within six months after letters testamentary or letters of administration are issued.

What the Statutes Say

Analysis

Apply the Rule to the Facts: When a decedent leaves a bank account solely in that person’s name, those funds are part of the decedent’s personal property and, in many cases, can be used to satisfy a spouse’s or child’s year’s allowance. If the total personal property (including the bank account) does not exceed the total allowances available, the clerk can assign all of it directly to the spouse and children on the year’s allowance order. If a full estate has already been opened, the spouse or child still may petition for the allowance, but must do so within six months after the court issues letters to the personal representative. If the personal property is insufficient, the clerk may enter a deficiency judgment against the estate to be satisfied later if more assets appear.

Process & Timing

  1. Who files: The surviving spouse, or the person authorized to act for a qualifying child. Where: With the clerk of superior court in the North Carolina county where estate venue would be proper. What: A verified petition for year’s allowance, typically on AOC Form E-100, Application and Assignment of Year’s Allowance, listing all known personal property, including the bank account in the decedent’s sole name. When: For decedents dying on or after March 1, 2024, there is generally no outer time limit unless a personal representative has been appointed, in which case the petition must be filed within six months of the issuance of letters.
  2. After filing, the clerk reviews the petition, may request additional information, and, if satisfied, signs the order assigning the spouse’s allowance and then any children’s allowances from the listed personal property. This step often occurs in a short appointment with the clerk, though timing can vary by county workload.
  3. The petitioner obtains certified copies of the signed Application and Assignment of Year’s Allowance and presents them to the bank holding the decedent’s sole-name account. The bank typically relies on the clerk’s order to release the awarded funds directly to the spouse or for the benefit of the child. If additional personal property is later discovered, the clerk can issue a supplemental order to reach those assets up to the allowance amount.

Exceptions & Pitfalls

  • Bank accounts with joint ownership or payable-on-death designations may not be part of the decedent’s personal property for year’s allowance purposes, depending on how they were titled and which banking statutes apply.
  • Real estate, including a residence owned by the entirety with a spouse, does not fund the year’s allowance, and proceeds from real estate sales generally cannot be forced into the allowance without agreement by the affected parties.
  • Missing the six-month deadline after letters are issued, failing to list all known personal property on the petition, or misunderstanding which accounts are truly in the decedent’s sole name can delay or reduce the allowance.
  • If the estate is heavily indebted, the allowance still has priority over many creditor claims, but the clerk may enter a deficiency judgment that affects later estate administration, so coordination with any existing or planned estate proceeding is critical.

Conclusion

North Carolina’s year’s allowance process lets a surviving spouse and qualifying children claim funds in a bank account titled solely in the decedent’s name as part of their statutory support in personal property. The claimant must qualify as a spouse or eligible child, the funds must be part of the decedent’s personal property, and a verified petition must be filed with the clerk of superior court in the proper county—within six months of letters if a personal representative has already been appointed. The next step is to prepare and file the year’s allowance petition (often using AOC Form E-100) listing the bank account so the clerk can assign those funds by order.

Talk to a Probate Attorney

If a North Carolina decedent left a bank account in that person’s sole name and the family needs to access it through a year’s allowance, our firm has experienced probate attorneys who can help explain the options, coordinate with any estate administration, and prepare the necessary filings. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for a specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.