What is a Spousal or Year’s Allowance in Probate Cases, and How Does the Process Work for Assigning Personal Property?
Overview of Allowances in North Carolina Probate
When a person dies with assets subject to probate in North Carolina, the law grants certain family members an allowance against the estate. The year’s allowance and the spousal allowance ensure a surviving spouse and other dependents receive funds or property to maintain their support during administration of the estate.
Year’s Allowance
North Carolina law provides a year’s allowance to support the decedent’s family for one year. Under N.C. Gen. Stat. § 30-14, the surviving spouse, minor children, and certain disabled adult children may petition for a statutory sum. The clerk of superior court determines the amount, which typically includes personal and possibly real property, up to the limits set by statute.
Spousal Allowance
After a year’s allowance is set aside, the surviving spouse may request an additional spousal allowance. Under N.C. Gen. Stat. § 30-15, the spouse can claim a lump-sum from the personal property of the estate if income or other resources fall short. This allowance secures reasonable support beyond the year’s allowance.
Assignment of Personal Property
To assign personal property for these allowances, the spouse or other eligible party must file a petition with the clerk of superior court handling the probate. Pursuant to N.C. Gen. Stat. § 30-16, the clerk sets a hearing, usually within 30 days. The court reviews the estate inventory, any creditor claims, and objections from other heirs or beneficiaries. Then the court orders specific assets or cash to satisfy the allowance.
Key Points to Remember
- Eligibility: Surviving spouse, minor children, and certain disabled adult children may petition.
- Timing: Petition for assignment must occur early in probate, often within 30 days of letters issued.
- Statutory Limits: Amounts for year’s and spousal allowances follow limits in N.C. Gen. Stat. §§ 30-14 and 30-15.
- Filing: Submit a written petition to the clerk of superior court where the estate is open.
- Hearing: The court schedules a hearing, reviews the estate’s value, and hears objections.
- Assignment: Court may allocate cash or specific personal property to meet the allowance.
- Impact on Estate: Assets assigned reduce the estate before distribution to other heirs.
- Alternative Relief: If property isn’t available, the court orders a cash equivalent from estate funds.
Contact Pierce Law Group
If you are navigating a probate and need clear guidance on a year’s or spousal allowance, reach out to Pierce Law Group. Our attorneys have years of probate administration experience. We help you understand your rights and walk you through every step of the process. Contact us by email at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
