Dec212025
Probate Q&A Series

What is a year’s allowance and how do I properly request it for beneficiaries? – North Carolina

Short Answer

In North Carolina probate, a “year’s allowance” is a statutory support allowance taken from the decedent’s personal property for a surviving spouse and, in some cases, eligible children. It is requested by filing a verified petition with the Clerk of Superior Court in the county where venue is proper for the estate, and (if a personal representative is already appointed) providing a copy of the petition to the personal representative. The spouse’s allowance has priority over the child’s allowance and, in general, the allowance is protected from most creditor claims against the estate.

Understanding the Problem

In North Carolina, when an executor is administering an estate, a common question is whether certain beneficiaries can receive a year’s allowance and what steps are required to request it correctly through the Clerk of Superior Court. The key decision point is whether the person seeking support qualifies as a surviving spouse or an eligible child and, if so, whether the request is made in the correct file and in the correct way (verified petition, proper notice, and proper listing of personal property). Timing can matter when a personal representative has already qualified and letters have been issued.

Apply the Law

North Carolina law provides a spouse’s allowance and a child’s allowance intended to provide support for one year after the decedent’s death. The request is made in the estate before the Clerk of Superior Court (the clerk handling estates). The spouse’s allowance is generally a fixed-dollar allowance set by statute, and the child’s allowance is also set by statute for eligible children. In some estates, a surviving spouse or child may seek an additional allowance above the statutory amount by filing a contested estate proceeding, which has a strict filing deadline.

Key Requirements

  • Eligible applicant: The request must be made by a surviving spouse (or permitted representative acting during the spouse’s lifetime) or by/for an eligible child (usually through a person with statutory priority to file on the child’s behalf).
  • Verified petition filed with the correct clerk: The claim must be made by filing a verified petition with the Clerk of Superior Court in the county where estate venue is proper.
  • Notice to the personal representative (if one is appointed): If a personal representative has already been appointed, a copy of the verified petition must be delivered or mailed (first-class) to the personal representative.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The executor is administering the estate while certain beneficiaries want a year’s allowance. Under North Carolina law, the first step is confirming that the allowance is being requested for a qualifying person (surviving spouse and/or eligible child) and that the request is filed as a verified petition with the Clerk of Superior Court in the proper county. Because the estate already has an executor, the petitioner must also provide a copy of the verified petition to the executor as personal representative. If the estate inventory was filed incorrectly and may be rejected, that can create practical problems because the clerk typically needs a clear picture of the decedent’s personal property to decide what property can be assigned to satisfy the allowance.

Process & Timing

  1. Who files: The surviving spouse (or an allowed representative acting during the spouse’s lifetime) or, for a child’s allowance, the person with statutory priority to file on the child’s behalf. Where: Clerk of Superior Court (Estates) in the county where estate venue is proper. What: A verified petition; in many counties, the clerk uses Administrative Office of the Courts year’s allowance forms (commonly used for the application/assignment process). When: 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.
  2. Clerk review and assignment: The clerk determines whether the spouse’s allowance applies first and then whether any child’s allowance applies. The clerk’s order typically identifies which items of the decedent’s personal property are awarded to satisfy the allowance, and the clerk may require supporting documents (for example, account statements or vehicle title information) to confirm the assets being assigned.
  3. Transfer of property and estate administration follow-through: Certified copies of the clerk’s assignment order are commonly used to retitle or transfer the personal property to the allowance recipient. If the estate lacks enough personal property at the time of the order, the clerk can enter a deficiency that may be satisfied later if assets come into the personal representative’s possession.

Exceptions & Pitfalls

  • Requesting it for the wrong “beneficiary”: A year’s allowance is not a general distribution to any beneficiary. It is a support allowance for a surviving spouse and certain children who meet statutory requirements.
  • Inventory/asset-list problems: If the inventory is incorrect or incomplete, the petition may not accurately identify the personal property available for assignment. That can delay the clerk’s order and can trigger questions about what property is available to satisfy the allowance.
  • Confusing non-probate assets with estate assets: Life insurance proceeds often pass outside the estate when there is a named beneficiary. Property that is not part of the probate estate generally cannot be “assigned” by the clerk as a year’s allowance from the estate’s personal property.
  • Notice/service mistakes: When a personal representative is already appointed, the petitioner must provide a copy of the verified petition to the personal representative in the manner required by statute. Missing this step can lead to delay and objections.
  • Creditor-claim pressure: The spouse’s and child’s allowances are designed to take priority over many estate claims. Even so, disputed claims, insolvency issues, or contested proceedings can affect timing and require closer court involvement.
  • Additional allowance deadlines: If the request is for an additional allowance above the statutory amount, the filing deadline can be much stricter (generally within one year of death, or within six months after letters if a personal representative was appointed), and the matter proceeds as a contested estate proceeding.

Conclusion

In North Carolina, a year’s allowance is a statutory, clerk-assigned support allowance taken from the decedent’s personal property for a surviving spouse and, if applicable, eligible children, with the spouse’s allowance awarded first and generally protected from most creditor claims. A proper request is made by filing a verified petition with the Clerk of Superior Court in the proper county and, if an executor/administrator has already qualified, providing a copy to the personal representative. The key next step is to file the verified petition with the Clerk of Superior Court within six months after letters are issued (when a personal representative is in place).

Talk to a Probate Attorney

If an estate has creditor claims, an inventory problem, and a year’s allowance request that needs to be filed correctly and quickly, a probate attorney can help clarify who qualifies, what property can be used, and what deadlines apply in the Clerk of Superior Court. 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.