Detailed Answer

When a spouse dies in North Carolina, the surviving spouse may file for a year’s allowance under N.C. Gen. Stat. § 30-15. This statutory allowance provides funds—up to $18,000—for the surviving spouse’s support for one year. You must file a petition in the clerk of superior court’s office within 30 days after you receive notice of the estate administration. The petition should list your monthly expenses, your income, and the estate assets. The clerk then schedules a hearing, usually within 15 days. Creditors and heirs may attend and object. The judge will review your need and the estate’s resources before setting the allowance amount.

Tenancy by the entirety offers married couples a special form of property ownership. Under N.C. Gen. Stat. § 39-15, each spouse holds the property as a single legal unit with an automatic right of survivorship. When one spouse dies, the property goes directly to the surviving spouse without passing through probate. Tenancy by the entirety also protects the property from claims of creditors of the deceased spouse.

Consider this real-life scenario: A married couple owns their home as tenants by the entirety. The husband passes away. Title to the home transfers automatically to the wife. She still needs cash to cover living expenses, utilities, and medical bills. She petitions for a year’s allowance, listing her expenses and the estate’s remaining assets. At the hearing, no one objects. The judge grants her a $15,000 allowance. The estate distributes that amount to her in monthly installments over the next year. She retains full ownership of the home because of tenancy by the entirety, and the remaining estate assets then pass to beneficiaries under the will.

Key steps in this process include:

• Filing the year’s allowance petition within 30 days of notice. See N.C. Gen. Stat. § 30-15.
• Preparing a clear statement of your monthly expenses and estate assets.
• Attending the hearing scheduled by the clerk of superior court.
• Understanding that tenancy by the entirety transfers real estate automatically. See N.C. Gen. Stat. § 39-15.
• Seeking legal guidance early to avoid missed deadlines or procedural pitfalls.

Key Takeaways

• Year’s allowance ensures the surviving spouse has funds for living expenses for one year.
• You must file for the allowance within 30 days of estate administration notice.
• The clerk sets a hearing, and interested parties may object.
• Tenancy by the entirety lets the surviving spouse inherit real estate outside probate.
• Combining both tools can help a surviving spouse secure cash flow and maintain a home.
• Missed deadlines or incomplete petitions can delay support.
• Professional guidance helps you navigate statutes, hearings, and estate paperwork.

Contact Pierce Law Group

Year’s allowance and tenancy by the entirety offer powerful tools for surviving spouses. If you face deadlines, need clear guidance, or want to protect your property rights, turn to Pierce Law Group’s probate attorneys. Email us at intake@piercelaw.com or call us at (919) 341-7055. We stand ready to help you secure your allowance and preserve your home.