Application And Assignment Year's Allowance: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
Application And Assignment Year's Allowance Form
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Spouses in North Carolina Inheritance LawIf you have no living parents or descendants, your spouse will inherit all of your intestate property. If you die with parents but no descendants, your spouse will inherit half of intestate real estate and the first $100,000 of personal property.
The spousal allowance is paid from the deceased spouse's personal property. If the deceased's personal property is located in a different county besides the one in which the deceased lived at the time of their death, an extra step may be necessary, but the spousal allowance is still available.
An Application for a Year's Allowance for the surviving spouse and/or dependent child(ren) may be filed with the clerk at any time within one (1) year of the decedent's death. The allowance will be from cash or personal property or a combination of both, but does not include real estate.
NCGS 30-15 provides that a surviving spouse shall be entitled to an allowance of the value of $60,000 from the personal property of the deceased spouse to support the surviving spouse. The surviving spouse must apply for this allowance through the Clerk of Court within one year of the deceased spouse's death.
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Bowers, 182 N.C. App. Procedure for assignment.The Year's Allowance does not apply to real estate. YEAR'S ALLOWANCE. County. Any year's allowance awarded to the surviving spouse.