Dec272025
Probate Q&A Series

What is a Year’s Allowance and who qualifies for it? – North Carolina

Short Answer

In North Carolina, a Years Allowance is a statutory family allowance paid from a decedents cash or other personal property (not real estate) to help support certain family members for one year after the death. A surviving spouse generally qualifies for a spousal allowance of $60,000 unless barred or the right was waived. Certain children who were under age 21 at the time of death may qualify for a childs allowance of $10,000, but the spouses allowance has priority and is awarded first.

Understanding the Problem

In North Carolina probate, what is a Years Allowance, and who can claim it after a death? This question usually comes up when a surviving spouse or a childs representative applies to the Clerk of Superior Court for support from the decedents estate, and the Clerk sends a notice requesting more information or explaining the next step. The key decision point is whether the applicant fits the category of person North Carolina law allows to receive a spousal or childs Years Allowance.

Apply the Law

North Carolina treats a Years Allowance as a family allowance awarded through the Clerk of Superior Court in the estate venue county. The allowance is awarded out of the decedents cash or other personal property (not real property). For decedents dying on or after March 1, 2024, there is generally no overall filing deadline, but if a personal representative (executor/administrator) has been appointed, the claim must be filed within six months after the letters testamentary or letters of administration are issued.

Key Requirements

  • Qualifying person: The claimant must be either the decedents surviving spouse (for the spousal allowance) or a qualifying child under age 21 (for the childs allowance, filed through the person the statute authorizes to act for the child).
  • Proper filing and venue: The claim is made by a verified petition filed with the Clerk of Superior Court in the county where estate venue is proper.
  • Available property and priority: The allowance is satisfied from cash/personal property of the estate, and the spousal allowance is awarded before any childs allowance; the allowances are also protected from many creditor claims.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an application for a Years Allowance was filed in North Carolina and the court sent a communication about the application. The key eligibility question is whether the applicant is (1) a surviving spouse who is not barred from an allowance, or (2) a qualifying child under age 21 (through the proper representative). The Clerks notice often focuses on missing required information in the verified petition, questions about what personal property is available to satisfy the allowance, or whether a personal representative has been appointed (which can trigger the six-month clock).

Process & Timing

  1. Who files: The surviving spouse, or an authorized representative filing on behalf of a qualifying child. Where: Clerk of Superior Court (Estates) in the North Carolina county with proper estate venue. What: A verified petition requesting a spousal allowance and/or childs allowance; many clerks use an AOC form for the basic years allowance request (often called an application and assignment form). When: If a personal representative has already been appointed, file within six months after letters testamentary/administration are issued.
  2. Clerk review and order: The Clerk determines entitlement and enters an order identifying which personal property is awarded, awarding the spouse first and then any child allowance if applicable. If the Clerk decides more evidence is needed, the Clerk can require the matter to be handled as a contested estate proceeding.
  3. Transfer and follow-through: Certified copies of the Clerks order are typically used to transfer bank accounts, vehicles, or other personal property. If personal property is insufficient, the Clerk can enter a deficiency judgment against the estate to be satisfied later if estate assets become available.

Exceptions & Pitfalls

  • Being barred or having waived the right: A surviving spouse or child may lose the right to an allowance in some situations (for example, when another law bars the claim or the right was waived or renounced). Eligibility can turn on these threshold issues.
  • Wrong asset type: North Carolina generally limits the allowance to cash and personal property of the decedents estate, not real estate. Applications that assume the allowance automatically comes from land or a house often trigger questions from the Clerk.
  • Priority and amounts: The spouses allowance has priority and must be fully awarded before any child allowance. A notice may raise this issue when both are requested.
  • Missing notice to the personal representative: If a personal representative is already appointed, the petitioner must deliver or mail a copy of the verified petition to that personal representative. Failure to do this can delay the assignment.
  • Later challenges: Even after an order is entered, an interested person with standing may challenge the validity, amount, or assets awarded, usually within one year of the order.

Conclusion

In North Carolina, a Years Allowance is a family allowance paid from the decedents cash and other personal property to support a surviving spouse (generally $60,000) and certain children under age 21 (generally $10,000), with the spouses allowance awarded first. The claim is made by filing a verified petition with the Clerk of Superior Court in the proper venue county. If an executor or administrator has been appointed, the next step is to file (or confirm filing of) the petition within six months after letters are issued.

Talk to a Probate Attorney

If a court notice was received about a Years Allowance application, our firm has experienced attorneys who can help review what the Clerk is requesting, confirm eligibility, and map out the next deadlines and filings. 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.