Dec202025
Probate Q&A Series

What forms and notices are required to get a hearing date for a year’s allowance, and who must be served? – North Carolina

Short Answer

In North Carolina, most year’s allowance requests are handled by filing an application with the Clerk of Superior Court (often on AOC-E-100), and the clerk may sign an order without a formal hearing. If the clerk decides a hearing is needed, the clerk can require the applicant to start a contested estate proceeding to get the matter set for hearing. At a minimum, when a personal representative has been appointed, a copy of the filed application/petition should be delivered to the personal representative, and additional parties may need formal service in a contested estate proceeding.

Understanding the Problem

In North Carolina probate, a surviving spouse or an eligible child may ask the Clerk of Superior Court to assign a year’s allowance from the decedent’s personal property. The practical question is what paperwork gets the clerk to schedule (or require) a hearing date, and which people must receive notice. The answer depends on whether the request stays as a routine application handled by the clerk or becomes a contested estate proceeding that requires formal service on other parties.

Apply the Law

North Carolina treats a “year’s allowance” (sometimes called a family allowance) as a clerk-assigned benefit that is usually handled in the estate file by application. The clerk must determine entitlement and then enter an order identifying what personal property will be awarded. If the clerk determines that a hearing is necessary to decide entitlement, amount, or what property should be used, the clerk will direct the applicant to commence a contested estate proceeding, which is the procedure that typically triggers a hearing date and formal service requirements.

Key Requirements

  • Proper filing with the Clerk of Superior Court: The request must be filed in the county where the estate venue is proper and handled through the Estates division of the Clerk of Superior Court.
  • Notice to the personal representative (if one exists): When a personal representative has been appointed, the applicant must provide the personal representative with a copy of the filed application/petition (commonly by personal delivery or first-class mail), and the clerk also provides the personal representative a copy of any order awarding an allowance.
  • Contested estate proceeding if the clerk requires a hearing: If the clerk decides a hearing is needed, the applicant must start a contested estate proceeding; that procedure determines who must be made parties and formally served and is what typically results in a scheduled hearing date.

What the Statutes Say

Analysis

Apply the Rule to the Facts: No case-specific facts were provided, so the key variable is the clerk’s decision on whether a hearing is necessary. If the year’s allowance can be assigned based on the application and supporting information, the clerk may enter the order without setting a hearing date. If there is a dispute, missing information, or a question about entitlement/amount/property, the clerk can require a contested estate proceeding, which is the step that drives the issuance of hearing notices and service on required parties.

Process & Timing

  1. Who files: The surviving spouse, or an eligible child through a guardian. Where: The Clerk of Superior Court (Estates) in the county where the estate venue is proper. What: Commonly, an Application and Assignment of Year’s Allowance (often filed on AOC-E-100) with supporting documents the clerk may request (for example, information showing the relationship and identifying personal property). When: If a personal representative has been appointed, North Carolina law sets a short window in many cases, so filing should occur promptly after letters are issued; procedures and deadlines can change, so the clerk’s office and counsel should confirm the current timing rule for the date of death involved.
  2. Notice step: If a personal representative has been appointed, the applicant should deliver a copy of the filed application/petition to the personal representative (commonly by personal delivery or first-class mail). If the matter becomes contested, the applicant must follow the contested estate procedure for service and notice on required parties.
  3. Hearing date step (if required): If the clerk determines a hearing is necessary, the clerk directs the applicant to commence a contested estate proceeding. After that filing, the clerk typically sets a hearing date and issues hearing notice consistent with the contested estate process, including service on required parties.

Exceptions & Pitfalls

  • Assuming a hearing is automatic: Many year’s allowance applications are handled by the clerk based on the paperwork; a hearing date often comes only if the clerk requires a contested estate proceeding.
  • Serving the wrong people (or using the wrong method): In a routine application, the key delivery is to the personal representative (if appointed). If the clerk requires a contested estate proceeding, additional parties may be required, and formal service rules can apply.
  • Incomplete asset information: The clerk’s order identifies what personal property satisfies the allowance. Missing bank, vehicle, or account documentation can delay action and increase the chance the clerk requires a contested process.

Conclusion

In North Carolina, a year’s allowance is usually requested by filing an application with the Clerk of Superior Court (often on AOC-E-100), and the clerk can enter an order without a hearing. If the clerk decides a hearing is needed, the clerk can require the applicant to start a contested estate proceeding, which is what typically results in a scheduled hearing date and formal service requirements. The most important notice step is delivering a copy of the filed application to the personal representative, if one has been appointed, and doing so promptly after letters issue when an estate is open.

Talk to a Probate Attorney

If a year’s allowance needs to be requested and the clerk is requiring a hearing or a contested estate proceeding, our firm has experienced attorneys who can help clarify what to file, who must receive notice, and what deadlines apply. 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: 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.