North Carolina § 30-15 - When spouse entitled to allowance.

§ 30-15. When spouse entitled to allowance.

Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless the surviving spouse has forfeited the surviving spouse's right thereto, as provided by law, be entitled, out of the personal property of the deceased spouse, to an allowance of the value of sixty thousand dollars ($60,000) for the surviving spouse's support for one year after the death of the deceased spouse. The surviving spouse may claim the allowance if, at the death of the decedent, either the decedent or the surviving spouse was a resident of this State. Such allowance shall be exempt from any lien, by judgment or execution, acquired against the property of the deceased spouse, and shall, in cases of testacy, be charged against the share of the surviving spouse. History (1868-9, c. 93, s. 81; 1871-2, c. 193, s. 44; 1880, c. 42; Code, s. 2116; 1889, c. 499, s. 2; Rev., s. 3091; C.S., s. 4108; 1953, c. 913, s. 1; 1961, c. 316, s. 1; c. 749, s. 1; 1969, c. 14; 1981, c. 413, s. 1; 1995, c. 262, s. 4; 2000-178, s. 4; 2009-183, s. 1; 2011-344, s. 7; 2013-81, s. 1; 2018-40, s. 9.1; 2019-113, s. 3.) Cross References. - As to right of elective share, see G.S. 30-3.1 et seq. As to allowance to children, see G.S. 30-17 . As to property subject to allowance, see G.S. 30-18 . Editor's Note. - Session Laws 2013-81, s. 3, made the amendment to this section by Session Laws 2013-81, s. 1, applicable to estates of persons dying on or after January 1, 2014. Session Laws 2018-40, s. 9.1, which amended this section, is located in Part IX of Session Laws 2018-40. Section 9.2 of that act provides, "This section becomes effective January 1, 2019, and applies to allowance applications made on or after that date." The reference to "This section" in Section 9.2 appears to have been in error and "This Part" was apparently the intended wording. Section 15 of the act provides that, except as otherwise provided, the act is effective when it becomes law. Session Laws 2018-40, s. 14, is a severability clause. Session Laws 2019-113, s. 7, made the second sentence, as added by Session Laws 2019-113, s. 3, effective July 11, 2019, and applicable to decedents dying, estates filed, and pleadings filed on or after that date. Effect of Amendments. - Session Laws 2009-183, s. 1, effective January 1, 2010, and applicable to estates of individuals dying on or after that date, substituted "twenty thousand dollars ($20,000)" for "ten thousand dollars ($10,000)," and made gender neutral changes in the first sentence. Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, in the first sentence, substituted "whether or not the surviving spouse" for "whether or not he or she" and "the surviving spouse's" for "his or her." Session Laws 2018-40, s. 9.1, substituted "sixty thousand dollars ($60,000)" for "thirty thousand dollars ($30,000)" in the first sentence. For effective date and applicability, see editor's note. Session Laws 2019-113, s. 3, inserted the second sentence. For effective date and applicability, see Editor's note. Legal Periodicals. - For brief comment on the 1953 amendment, see 31 N.C.L. Rev. 376 (1953). For survey of 1978 property law, see 57 N.C.L. Rev. 1103 (1979). For survey of 1979 property law, see 58 N.C.L. Rev. 1059 (1980).