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