North Carolina § 30-31 - Amount of allowance.

§ 30-31. Amount of allowance.

The clerk of superior court may assign to the petitioner a value sufficient for the support of petitioner according to the estate and condition of the decedent and without regard to the limitations set forth in this Chapter; but the value allowed shall be fixed with due consideration for other persons entitled to allowances for year's support from the decedent's estate; and the total value of all allowances shall not in any case exceed the one half of the average annual net income of the deceased for three years next preceding the deceased's death. Attorneys' fees and costs awarded the petitioner under G.S. 6-21 shall be paid as an administrative expense of the estate. History (1868-9, c. 93, s. 24; Code, s. 2132; Rev., s. 3108; C.S., s. 4125; 1971, c. 528, s. 27; 2011-344, s. 7; 2012-18, s. 3.10; 2013-91, s. 1(e).) Effect of Amendments. - Session Laws 2011-344, s. 7, effective January 1, 2012, and applicable to estates of decedents dying on or after that date, deleted "Duty of commissioners" from the beginning of the section catchline; and rewrote the section to the extent that a detailed comparison is impracticable. Session Laws 2012-18, s. 3.10, effective June 11, 2012, deleted the former last sentence, which read: "This report shall be returned by the magistrate to the courts." Session Laws 2013-91, s. 1(e), effective June 12, 2013, added the last sentence. Legal Periodicals. - For survey of 1978 property law, see 57 N.C.L. Rev. 1103 (1979).