Short Answer

In North Carolina, a surviving spouse can apply for a “year’s allowance” of up to $60,000 in the Clerk of Superior Court to take personal property of the decedent—including a final paycheck—without opening full probate. You file a short application (AOC‑E‑100), and the clerk issues a certified assignment you can present to the employer to release wages. If a personal representative has already been appointed, you must apply within six months of the date letters were issued.

Understanding the Problem

You want to know if you can collect your late husband’s last paycheck without starting a full estate administration. In North Carolina probate, a spousal “year’s allowance” lets a surviving spouse claim certain personal property quickly through the Clerk of Superior Court. Here, the focus is your role (surviving spouse), the action (apply for a year’s allowance), the relief (assignment of the final paycheck), and the forum (Clerk of Superior Court in the county where your husband lived).

Apply the Law

North Carolina law gives a surviving spouse a $60,000 year’s allowance from the decedent’s personal property. Wages owed to the decedent at death are personal property and can be assigned to the spouse as part of that allowance. You apply in the county of the decedent’s domicile with a simple form; the clerk can then assign the final paycheck to you so you can present the certified order to the employer for payment.

Key Requirements

• Eligibility as surviving spouse: You must be a valid surviving spouse and not have forfeited or waived the right.
• Personal property only: The allowance comes from personal property (money owed, bank funds, vehicles, etc.); a final paycheck qualifies.
• Forum and filing: File an Application and Assignment of Year’s Allowance (AOC‑E‑100) with the Clerk of Superior Court where the decedent lived.
• Timing: For deaths on or after March 1, 2024, you may apply at any time unless a personal representative has been appointed—then apply within six months after letters issued. For earlier deaths, a one‑year-from-death deadline may apply.
• Amount and priority: The standard spousal allowance is up to $60,000 and is generally paid ahead of unsecured creditor claims and free of judgment liens against the decedent.
• Using the assignment: The clerk’s certified assignment lists the property (e.g., the paycheck claim) and serves as authority for the employer to pay you.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) — Creates a $60,000 allowance for a surviving spouse from personal property.
• North Carolina Gen. Stat. § 30-20 (Application and assignment) — Clerk processes the application and assigns personal property to satisfy the allowance.
• North Carolina Gen. Stat. § 30-21 (Clerk’s lists/assignment) — The clerk issues written lists/assignment that evidence the spouse’s right to specific property.
• North Carolina Gen. Stat. § 28A-25-6 (Payment to the Clerk of money owed to decedent) — If funds are paid to the Clerk (e.g., when no PR has qualified), the Clerk disburses in part to satisfy year’s allowances.

Analysis

Apply the Rule to the Facts: Because the final paycheck is personal property owed to your husband, it can be specifically listed on your AOC‑E‑100 and assigned to you as part of your up‑to‑$60,000 spousal allowance. If no personal representative has been appointed, you can file at any time; if one has, you must apply within six months after letters were issued. With the clerk’s certified assignment in hand, the employer has authority to pay you directly.

Process & Timing

1. Who files: Surviving spouse. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where your husband was domiciled. What: File AOC‑E‑100 (Application and Assignment of Year’s Allowance) listing the final paycheck as an asset; bring a death certificate and proof of marriage. When: For deaths on/after 3/1/2024, file any time unless a personal representative has been appointed—then file within six months after letters. For earlier deaths, a one‑year-from-death deadline may apply.
2. The clerk reviews the application, may ask brief questions or documents (e.g., employer wage statement), and then assigns the allowance. Certified copies of the assignment are typically available the same day or within a few days, though county practice can vary.
3. Present a certified copy of the assignment to the employer’s HR/payroll to release the final paycheck to you. If the employer prefers, it may pay the funds to the Clerk, who then disburses them with priority to the spousal allowance.

Exceptions & Pitfalls

• If a personal representative has been appointed and six months have passed, your allowance claim may be time‑barred; you may need to work through the personal representative to collect the paycheck.
• If total personal property you want exceeds $60,000, consider an additional allowance proceeding; timing rules are stricter and you must follow special‑proceeding procedures.
• List the paycheck clearly on the application (identify the employer and amount, if known) so the assignment specifically covers it.
• If the employer hesitates to pay you directly, provide the certified assignment; alternatively, request the employer pay the funds to the Clerk under the statute so the Clerk can disburse to you.
• If a personal representative already exists, deliver a copy of your application to the personal representative as required.

Talk to a Probate Attorney

If you’re trying to use a spousal allowance to collect a final paycheck without opening full probate, 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.