Dec162025
Probate Q&A Series

What deadlines and filing steps should I know about for a year’s allowance during probate? – North Carolina

Short Answer

In North Carolina, a surviving spouse usually claims a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where the estate has proper venue. If a personal representative has been appointed, the petition generally must be filed within six months after Letters Testamentary or Letters of Administration are issued, and the petitioner must also send or personally deliver a copy to the personal representative. After the filing, the clerk typically enters an order assigning specific personal property (not real estate) to satisfy the allowance, unless the clerk requires the matter to be handled as a contested estate proceeding.

Understanding the Problem

In North Carolina probate, the question is what deadlines control a surviving spouse’s request for a year’s allowance and what steps must be followed to file and obtain an order from the Clerk of Superior Court. The issue often comes up when the spouse lives outside North Carolina, wants the allowance assigned early in the administration, and needs clarity on what must be signed, verified, filed, and served to avoid missing a time limit.

Apply the Law

North Carolina law gives a surviving spouse a statutory right to a year’s allowance (sometimes called a year’s support). The claim is made by filing a verified petition with the Clerk of Superior Court in the county with proper estate venue. If a personal representative (executor/administrator) has already been appointed, the law imposes a key deadline: the petition must be filed within six months after the clerk issues letters, and the petitioner must provide a copy of the petition to the personal representative by personal delivery or first-class mail.

Key Requirements

  • Proper claimant and authority to act: The claim must be made during the surviving spouse’s lifetime by the spouse, the spouse’s agent under a durable power of attorney, or (with court approval) an appropriate guardian.
  • Verified petition filed in the right place and on time: The request must be filed with the Clerk of Superior Court in the county where venue is proper for the estate, and the six-month letters deadline applies if a personal representative has been appointed.
  • Notice to the personal representative (if one exists): When a personal representative has been appointed, a copy of the verified petition must be personally delivered or mailed (first-class) to the personal representative.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, counsel represents the estate and the surviving spouse lives out of state and wants to petition for a year’s allowance. The main deadline to identify is whether a personal representative has been appointed; if so, the petition must be filed within six months after letters issue, and a copy must be mailed or personally delivered to the personal representative. Because the petition must be verified and the statute limits who can “exercise” the right, the signature/verification step should be handled so the filing reflects that the spouse (or a legally authorized agent/guardian) is the claimant even if counsel prepares and files the papers.

Process & Timing

  1. Who files: The surviving spouse (or the spouse’s authorized agent under a durable power of attorney, or certain guardians with court approval). Where: The Clerk of Superior Court (Estates) in the North Carolina county where venue is proper for the estate. What: A verified petition for year’s allowance (commonly on the statewide estate form used for a spouse’s year’s allowance). When: If a personal representative has been appointed, file within six months after Letters Testamentary/Letters of Administration are issued.
  2. Give required notice if a personal representative exists: Personally deliver or send by first-class mail a copy of the verified petition to the personal representative. Keeping proof of mailing/delivery helps avoid later disputes about whether the statutory step was completed.
  3. Clerk review and order: If the clerk is satisfied that the spouse qualifies and the requested property can be assigned from estate personal property, the clerk typically enters an order assigning specific personal property. If the available personal property does not fully satisfy the allowance, the clerk can enter a deficiency judgment against the estate to be paid if later assets come into the personal representative’s hands.

Exceptions & Pitfalls

  • Do not miss the “letters” deadline: Many spouses focus on the date of death, but North Carolina ties the ordinary year’s allowance deadline to the issuance of letters when a personal representative is appointed.
  • Verification and who may claim: The petition must be verified, and the right must be exercised during the spouse’s lifetime by the spouse or a legally authorized substitute (for example, an agent under a durable power of attorney). When the spouse lives out of state, the practical trap is waiting too long to obtain a notarized verification or proper authority documents.
  • Serve the personal representative: If a personal representative is appointed, failing to mail or personally deliver a copy of the petition can create avoidable delay and can fuel later challenges to the award.
  • Property limits and contested proceedings: The clerk assigns the allowance from personal property and may require a contested estate proceeding if facts or entitlement issues need a hearing. Planning for that possibility matters for timing.
  • Post-award challenges: After the clerk enters an order awarding the year’s allowance, certain interested persons can challenge the award, and the challenge deadline is measured from the date the order is entered.

Conclusion

In North Carolina, a surviving spouse claims a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where the estate has proper venue. If a personal representative has been appointed, the petition generally must be filed within six months after Letters Testamentary or Letters of Administration are issued, and a copy of the petition must be mailed or personally delivered to the personal representative. The next step is to file the verified petition with the clerk before that six-month deadline.

Talk to a Probate Attorney

If you’re dealing with a North Carolina year’s allowance request and need to confirm the filing deadline, verification, and notice steps, our firm has experienced attorneys who can help you understand your options and timelines. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.