GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

SESSION LAW 2009-183

HOUSE BILL 312

 

 

AN ACT TO INCREASE THE AMOUNT OF THE YEAR'S ALLOWANCE FOR A SURVIVING SPOUSE and to make conforming changes to related provisions.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 30-15 reads as rewritten:

"§ 30-15.  When spouse entitled to allowance.

Every surviving spouse of an intestate or of a testator, whether or not he or she has petitioned for an elective share, shall, unless he the surviving spouse has forfeited his or her right thereto, as provided by law, be entitled, out of the personal property of the deceased spouse, to an allowance of the value of ten twenty thousand dollars ($10,000) ($20,000) for histhe surviving spouse's support for one year after the death of the deceased spouse. Such allowance shall be exempt from any lien, by judgment or execution, acquired against the property of the deceased spouse, and shall, in cases of testacy, be charged against the share of the surviving spouse."

SECTION 2.  G.S. 30-26 reads as rewritten:

"§ 30-26.  When above allowance is in full.

If the estate of a deceased be insolvent, or if his or her personal estate does not exceed ten twenty  thousand dollars ($10,000), ($20,000), the allowances for the year's support of the surviving spouse and the children shall not, in any case, exceed the value prescribed in G.S. 30-15 and G.S. 30-17; and the allowances made to them as above prescribed shall preclude them from any further allowances."

SECTION 3.  G.S. 30-29 reads as rewritten:

"§ 30-29.  What complaint must show.

In the complaint the plaintiff shall set forth, besides the facts entitling plaintiff to a year's support and the value of the support claimed, the further facts that the estate of the decedent is not insolvent, and that the personal estate of which he or she died possessed exceeded ten twenty  thousand dollars ($10,000), ($20,000), and also whether or not an allowance has been made to plaintiff and the nature and value thereof."

SECTION 4.  This act becomes effective January 1, 2010, and applies to estates of individuals dying on or after that date.

In the General Assembly read three times and ratified this the 16th day of June, 2009.

 

 

                                                                    s/  Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 11:34 a.m. this 26th day of June, 2009