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File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
County Superior Court Division
Before The Clerk
IN THE MATTER OF THE ESTATE OF
Name Of Decedent PETITION AND ASSIGNMENT
YEAR’S ALLOWANCE
(For Decedents Dying On Or After March 1, 2024)
Date Of Death
G.S. 30-15, 30-17, 30-20
I am petitioning for an allowance for a year’s support for the person(s) named and state:
1. a. The decedent was domiciled in this county on the decedent’s date of death shown above.
b. The decedent had no domicile in this State at the time of the decedent’s death, but personal property that belonged to the decedent at
his or her death, which was on the date shown above, is located in this county.
2. a. No personal representative has been issued letters.
b. A personal representative has been appointed and issued letters, and it has been less than six (6) months since the personal
representative was issued letters.
3. a. The surviving spouse, if any, named below is entitled to an allowance from the personal property of the decedent of the value of sixty
thousand dollars ($60,000), for a year’s support, and the spouse is not barred from seeking an allowance under G.S. 31A-1 or another
applicable law.*
b. The child(ren), if any, named below is/are entitled to an allowance of ten thousand dollars ($10,000) for a year’s year’s support, and
the child(ren) is/are not barred from seeking an allowance under G.S. Chapter 31A or other applicable law.*
4. I request assignment of
Sixty thousand dollars ($60,000) from the funds or other personal property of the decedent for a year’s support to the surviving spouse.
Ten thousand dollars ($10,000) from the funds or other personal property of the decedent for a year’s support to each child named below.
SPOUSE* ENTITLED TO ALLOWANCE
Full Name Complete Address (including zip code)
CHILD(REN)* ENTITLED TO ALLOWANCE
Full Name Age of Child at Complete Address (including zip code)
Decedent’s Death
*NOTE: The right of the surviving spouse to file a claim for an allowance must be exercised during the lifetime of the surviving spouse (i) by the surviving spouse,
(ii) by the surviving spouse’s agent under a durable power of attorney, or (iii), with approval of the court, by the guardian of the surviving spouse’s estate or
general guardian. The spouse’s allowance takes priority over any child’s allowance.
The right of a child to file a claim for an allowance must be exercised during the lifetime of the child. Every child of a decedent who is under the age of 21 years
at the time of the decedent’s death, including an adopted child or a child in utero, and every child who is under the age of 21 years at the time of the decedent’s
death with whom the decedent stood in loco parentis at the time of death is entitled to an allowance. The person entitled to file a petition on behalf of the child for
a child’s allowance shall be in the following order of priority: (1) The general guardian or guardian of the estate of the child, if any. (2) The surviving parent of the
child if the child resides with the surviving parent. (3) The person with whom the child resides. If the clerk of superior court determines that no person entitled to
file a petition pursuant to this subsection is a fit or suitable individual, the clerk, upon the clerk’s own motion, may appoint another individual if the clerk determines
that individual better represents the best interests of the child as the representative. A child’s allowance shall only be awarded after the full spouse’s allowance
under G.S. 30-15 has been awarded.
Name And Address Of Petitioner (type or print)
Spouse Of Decedent
Surviving Spouse’s Agent Under A Durable Power Of Attorney
Guardian Of The Estate Or General Guardian
Other:
Original-File Copy-Petitioner Copy-Personal Representative Appointed For Estate
(Over)
AOC-E-100, Rev. 3/24
© 2024 Administrative Office of the Courts
