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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.
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.
North Carolina law provides for a year's allowance for the surviving spouse and dependent children of a deceased individual. Under North Carolina law, the surviving spouse of the Decedent is entitled to the first $60,000 (this was increased from $30,000 beginning on January 1, 2019) of the estate.
Primary tabs. Family allowance gives a surviving spouse and children access to a passing spouse or parent's estate in the interim between passing and the distribution of the estate. The family allowance gives spouses and children necessary financial support that is determined by statute in each state.
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.