Understanding the North Carolina Spousal Allowance

When a loved one passes away, the surviving spouse often faces not only emotional hardship but also financial uncertainty. North Carolina law recognizes this and provides certain financial protections for surviving spouses. One of the most important of these protections is the Spousal Allowance, sometimes called the Year’s Allowance.

What Is the Spousal Allowance?

Under North Carolina General Statutes § 30-15 through § 30-33, a surviving spouse is entitled to receive a spousal allowance of up to $60,000 from the personal property of the deceased spouse’s estate. This amount is intended to provide immediate financial support for the spouse during the estate administration process — before assets are distributed or debts are settled.

In essence, the spousal allowance ensures that a surviving spouse is not left without means of support while the estate is being handled.

Who Qualifies for the Allowance?

To qualify, the person must have been legally married to the decedent at the time of death. Importantly, this right applies even if the deceased spouse did not leave a will — and even if the will attempts to disinherit the surviving spouse.

However, if the spouses were legally separated at the time of death and a court had ordered that the surviving spouse was not entitled to support, the right to the allowance may be limited.

How Much Is the Allowance?

As of recent updates to North Carolina law, the amount of the spousal allowance is $60,000.
This amount is not subject to estate creditors — meaning it takes priority over most debts the deceased may have owed. If the estate has sufficient personal property, the allowance must be satisfied before other claims are paid.

How to Claim the Allowance

The surviving spouse must apply for the allowance within one year of the decedent’s death. The application is made through the Clerk of Superior Court in the county where the estate is being administered. The process typically involves filing a short petition and supporting documents, such as a death certificate and proof of marriage.

If granted, the Clerk issues an order setting aside specific assets (like cash, vehicles, or household goods) up to the $60,000 value for the spouse.

What About Children?

North Carolina law also provides for a child’s allowance, giving each dependent child of the decedent a similar protection — typically up to $5,000 per child. The child’s allowance is in addition to the spouse’s allowance and serves the same purpose: to provide immediate financial support during estate administration.

Why the Spousal Allowance Matters

The spousal allowance is a vital safeguard for families. It ensures that a surviving spouse can access immediate funds and essential property without waiting months for estate proceedings to conclude. This can be especially important when the decedent was the primary breadwinner or held most assets solely in their name.

Even in cases where a will exists, the spousal allowance often supersedes the terms of the will — protecting the spouse’s right to support, regardless of how the deceased structured their estate plan.

Final Thoughts

Navigating estate procedures while grieving can be overwhelming. The North Carolina spousal allowance is designed to ease that burden by ensuring a measure of financial security in the months following a loved one’s death.

If you’ve recently lost a spouse and need guidance on claiming your spousal allowance or understanding your rights under North Carolina estate law, Lohr Law Firm can help. We provide compassionate, knowledgeable assistance with estate administration, probate, and spousal rights throughout North Carolina.

Contact Lohr Law Firm today at (919) 348-9211 or evan@lohrnc.com to schedule a consultation and ensure your rights are protected during this difficult time.