North Carolina General Statutes Chapter 30. Surviving Spouses § 30-48. Right of surviving community-property spouse

Current as of January 01, 2023 | Updated by Findlaw Staff

(a) The surviving community-property spouse of a decedent may assert a claim for relief with respect to a right under this Article in accordance with the following:

(1) With respect to a claim for relief asserting a right in or to property, the surviving community-property spouse must do either of the following:

a. Within one year of the decedent's date of death, commence a civil action in superior court against an heir, devisee, or nonprobate transferee that is in possession of the property.

b. Within six months after the issuance of letters testamentary or letters of administration in connection with the decedent's testate or intestate proceeding, file a petition with the clerk of superior court or commence a civil action in superior court in the county in which the primary administration of the decedent's estate lies. A petition with the clerk of superior court shall be filed as an estate proceeding, and the proceeding shall be conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes.

(2) With respect to a claim for relief other than a claim under subdivision (a)(1) of this section, the surviving community-property spouse must do either of the following:

a. If a personal representative of the decedent's estate is not appointed, commence a civil action in superior court within one year of the decedent's date of death.

b. Satisfy the procedural requirements of sub-subdivision (a)(1)b. of this section.

(3) The incapacity of the surviving spouse does not toll the time for commencing an action or filing a petition as provided in this section.

(b) Unless a timely demand is made under sub-subdivision (a)(1)b. or (a)(2)b. of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this Article.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - North Carolina General Statutes Chapter 30. Surviving Spouses § 30-48. Right of surviving community-property spouse - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-30-surviving-spouses/nc-gen-st-sect-30-48/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)