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The non-resident tax form for North Carolina is the NC D-400 NC. This form is specifically designed for individuals who earn income in North Carolina but reside in another state. Filling it out allows you to properly report your income and tax liabilities. Again, the North Carolina Asset Information Sheet can help clarify the process for non-residents.
Did you know that in North Carolina, you cannot disinherit your spouse. State law provides an automatic inheritance right for married couples called the elective share. The amount of the elective share is based on the length of the marriage and can be anywhere from 15% to 50% of the deceased spouse's estate.
More specifically, each person becomes the owner of half of their community property, but also half of their collective debt, according to California inheritance laws. The only property that doesn't become community property automatically are gifts and inheritances that one spouse receives.
Article 996 of the New Civil Code provides that If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children.
If you've been named the administrator or executor of an estate, you'll need to take an inventory of property and possessions and determine what's subject to probate and what isn't. Only the assets considered "probate property" should be listed on forms filed with the probate court.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
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.
If the partners were beneficial joint tenants at the time of the death, when the first partner dies, the surviving partner will automatically inherit the other partner's share of the property. However, if the partners are tenants in common, the surviving partner does not automatically inherit the other person's share.
This process applies to estates with personal property valued at $20,000, or $30,000 if the surviving spouse inherits everything under state law. North Carolina also has a simplified probate process called summary administration which applies if the surviving spouse is the sole heir.
Probate law doesn't stipulate how personal items should be divided among beneficiaries unless they've been specifically named in the Will. Such things are called specific legacies. A mother, for example, might wish her eldest daughter to receive her wedding and engagement rings.