NC risk area
Complexity triggers in North Carolina
Scenarios that increase estate risk, such as blended families or multi-state property.
North Carolina uses a sliding-scale elective share and provides a year’s allowance for the surviving spouse or dependent children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- The elective share ranges from 15% to 50% of the total net assets based on the length of the marriage.
- A surviving spouse is entitled to a $60,000 year’s allowance (or $20,000 per child if no spouse).
Questions to consider
Questions this risk area helps you evaluate in North Carolina
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
North Carolina uses a sliding-scale elective share and provides a year’s allowance for the surviving spouse or dependent children.
- The elective share ranges from 15% to 50% of the total net assets based on the length of the marriage.
- A surviving spouse is entitled to a $60,000 year’s allowance (or $20,000 per child if no spouse).
Sources
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_30/GS_30-3.1.html
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_30/GS_30-15.html
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in North Carolina.