North Carolina General Statutes 30-27. (Effective until March 1, 2024) Surviving spouse or child may apply to superior court
Terms Used In North Carolina General Statutes 30-27
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Decedent: A deceased person.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
In addition to any support otherwise assigned to the surviving spouse or child under this Article, without application to the personal representative, the surviving spouse, or the child through the child’s guardian or next friend may, after the date specified in the general notice to creditors as provided for in N.C. Gen. Stat. § 28A-14-1(a), and within one year after the decedent‘s death, apply to the superior court of the county in which administration was granted or the will probated to have a year’s support assigned at an amount other than prescribed in N.C. Gen. Stat. § 30-15 and N.C. Gen. Stat. § 30-17 (1868-9, c. 93, s. 20; Code, s. 2128; Rev., s. 3104; C.S., s. 4121; 1961, c. 749, s. 11; 2011-344, s. 7; 2012-71, s. 2(e).)
Part 3. (Effective March 1, 2024) Additional Year’s Allowance.
§ 30-27. (Effective March 1, 2024) Surviving spouse or child may apply for additional allowance.
A surviving spouse or child may file an estate proceeding with the clerk of court seeking an award of additional allowance in excess of the amount allowed to the spouse or child under N.C. Gen. Stat. § 30-15 or N.C. Gen. Stat. § 30-17 Any such proceeding must be filed within one year of the date of the decedent’s death, except that if a personal representative was appointed for the decedent’s estate, any such proceeding must be filed within six months after the issuance of letters testamentary or letters of administration. Any proceeding under this section shall proceed as a contested estate proceeding under Article 2 of Chapter 28A of the N.C. Gen. Stat.. (1868-9, c. 93, s. 20; Code, s. 2128; Rev., s. 3104; C.S., s. 4121; 1961, c. 749, s. 11; 2011-344, s. 7; 2012-71, s. 2(e); 2023-120, s. 1.2.)