Short Answer

In North Carolina, the “year’s allowance” sets aside part of a decedent’s personal property for a surviving spouse ($60,000) and qualifying children (generally $10,000 each for decedents dying on or after March 1, 2024). It comes off the top of the estate before most creditor claims and transfers by order of the Clerk of Superior Court. It does not cover real estate and does not create a life estate or block a partition of land.

Understanding the Problem

In North Carolina probate, can you use the year’s allowance to protect personal belongings from creditors, and does it help with a co-owned house? You’re an heir who co-owns a house with another heir and want to know whether the year’s allowance can both shield personal property and secure your long-term possession of the home.

Apply the Law

North Carolina law provides a built-in protection called the year’s allowance. It is a statutory benefit that sets aside certain amounts of personal property for a surviving spouse and qualifying children. The Clerk of Superior Court assigns the allowance on application, and the order can be used to transfer title to the listed personal items (for example, cash in accounts, household goods, or a vehicle). The allowance has priority over most unsecured creditors. Real estate is not used to fund the allowance, and the allowance does not give anyone a life estate or occupancy rights in a house. The main forum is the Clerk of Superior Court in the county where the estate is administered. For decedents dying on or after March 1, 2024, an application may be filed at any time unless a personal representative (PR) has been appointed; if a PR has been appointed, the application must be filed within six months after letters issue.

Key Requirements

• Eligible claimant: Only a surviving spouse and qualifying children may claim a year’s allowance; other heirs cannot.
• What it covers: Money and other personal property of the decedent’s estate (e.g., bank funds, household goods, vehicles)—not real estate.
• Priority over creditors: The allowance is assigned before most unsecured creditor claims are paid.
• Amount: Spouse: $60,000; Qualifying child: generally $10,000 for decedents dying on or after March 1, 2024 (older deaths follow prior amounts/eligibility rules).
• Timing: File with the Clerk. If a PR has been appointed, file within six months after letters issue; if no PR, an application can still be made.
• Real property unaffected: The allowance neither funds from nor changes rights in real estate; it does not create a life estate or prevent partition.

What the Statutes Say

• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Sets the spouse’s allowance and basic entitlement.
• North Carolina Gen. Stat. § 30-17 (Child’s year’s allowance) – Provides the child’s allowance and eligibility.
• North Carolina Gen. Stat. § 30-18 (Property to be applied) – Confirms the allowance is satisfied from personal property.
• North Carolina Gen. Stat. § 30-27 (Additional allowance) – Allows a larger, court-assigned allowance by special proceeding.

Analysis

Apply the Rule to the Facts: Because you are an heir (not a spouse or qualifying child), you personally cannot claim a year’s allowance. If a spouse or qualifying child has filed, their allowance will be carved out of the decedent’s personal property ahead of unsecured creditors. Your co-owned house is real property, which the allowance neither funds nor affects, so the allowance cannot create a life estate for you or stop a partition of the home.

Process & Timing

1. Who files: Surviving spouse or qualifying child (or guardian). Where: Clerk of Superior Court in the county where the estate is administered in North Carolina. What: File AOC-E-100 (Application and Assignment of Year’s Allowance); deliver a copy to the personal representative if one has been appointed. When: For decedents dying on or after March 1, 2024, file any time unless letters have issued; if a PR is appointed, file within six months after letters issue.
2. The Clerk reviews the application, identifies available personal property, and issues an order assigning items or funds up to the allowance. Timeframes vary by county but are often handled promptly (days to weeks).
3. Use certified copies of the assignment to transfer titled personal property (e.g., vehicles, bank funds). If personal property is insufficient, the Clerk may note a deficiency to be paid if additional estate personal property later becomes available.

Exceptions & Pitfalls

• Only a surviving spouse and qualifying children can claim the allowance; other heirs cannot.
• Real estate cannot be used to fund the allowance; the allowance does not create a life estate or prevent partition of land.
• If personal property is limited, spouse and child allowances may be prorated; the spouse’s allowance is considered first.
• Assets that pass outside the estate (e.g., many survivorship/POD accounts) are generally not available to satisfy the allowance, with limited statutory nuances.
• If a personal representative has been appointed, missing the six-month window risks forfeiture of the allowance claim.
• Allowance awards can be challenged in an estate proceeding; disputes over eligibility, amounts, and selected property are heard by the Clerk.

Talk to a Probate Attorney

If you’re dealing with protecting personal property through a year’s allowance or coordinating it with co-owned real estate, 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.