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. (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).)
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.