North Carolina General Statutes Chapter 30. Surviving Spouses § 30-49. Right of heir, devisee, or nonprobate transferee

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

An heir, devisee, or nonprobate transferee of a deceased community-property spouse 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 asserting a right in or to property, the heir, devisee, or nonprobate transferee 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 the surviving community-property spouse who is in possession of the property.

b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b.

(2) With respect to a claim for relief other than a claim under subdivision (1) of this section, the heir, devisee, or nonprobate transferee 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 G.S. 30-48(a)(1)b.

(3) The incapacity of the heir, devisee, or nonprobate transferee does not toll the time for commencing an action or filing a petition as provided in this section.

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 30. Surviving Spouses § 30-49. Right of heir, devisee, or nonprobate transferee - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-30-surviving-spouses/nc-gen-st-sect-30-49/

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