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. (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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 30 - Surviving Spouses
§ 30-15 - When spouse entitled to allowance.
§ 30-16 - Duty of personal representative, magistrate, or clerk to assign allowance.
§ 30-17 - When children entitled to an allowance.
§ 30-18 - From what property allowance assigned.
§ 30-19 - Value of property ascertained.
§ 30-20 - Procedure for assignment.
§ 30-21 - Report of clerk or magistrate.
§ 30-25 - Personal representative entitled to credit.
§ 30-27 - Surviving spouse or child may apply to superior court.
§ 30-28 - Nature of proceeding; parties.
§ 30-29 - What petition must show.
§ 30-31 - Amount of allowance.