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File No. STATE OF NORTH CAROLINA In The General Court Of Justice Superior Court Division Before The Clerk County IN THE MATTER OF THE ESTATE OF: APPLICATION AND ASSIGNMENT YEAR'S ALLOWANCE Name Of.

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Under New York Estates Powers and Trusts Law (EPTL) 5-3.1, when a person dies leaving a spouse, or he or she dies without a spouse but leaves children under 21, specific assets are deemed to pass to those family members outside of the decedent's estate, without an executor or administrator being appointed to manage ...

If it is established as the decedent's homestead in court, the surviving spouse receives a life estate in the homestead and the remainder interest goes to the decedent's children. ... The elective share would entitle the surviving spouse to 30% of assets outside of probate as specified by the statute.

The concept of elective share is the modern form of dowry, which is the reserved fraction of a deceaseds estate. It allows a surviving spouse to benefit in the event she is disinherited by the decedent. The concept of elective share also enables a surviving spouse to become financially independent.

Virginia is a common law property state. This means that in cases of intestacy, the estate is automatically inherited by the spouse. ... Therefore, if there is a surviving spouse, the spouse will receive the deceased's portion of all marital properties.

If your spouse passed away in California without a Trust, you may think you'll need to go through probate. However, in many cases, the surviving spouse does not need to probate the estate of their loved one to gain access to his or her assets. Instead, you may only need to file a Spousal Property Petition.

Under the new scheme, surviving spouses of marriages lasting 15 years or longer are entitled to claim an elective share of 50% of the marital property. The percentages increase as the marriage, or economic partnership, matures and therefore, encourages and rewards the long-term stability of the marriage.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232