Enlarge image | 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 APPLICATION AND ASSIGNMENT YEAR’S ALLOWANCE Date Of Death G.S. 30-15, 30-16, 30-17, 30-21 I am applying for an allowance for a year’s support for the person(s) named and state: 1. a. The decedent died a resident of this county on the date shown above. b. The decedent did not die a resident of this county, 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. 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 if the surviving spouse has not forfeited that right.* The child(ren), if any, named below is/are entitled to an allowance of five thousand dollars ($5,000) for a year’s support.* 3. 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. Five thousand dollars ($5,000) from the funds or other personal property of the decedent for a year’s support to each child named below. SPOUSE AND CHILD(REN)* ENTITLED TO ALLOWANCE Full Name Age Relationship Complete Address (including zip code) Spouse Child Child Child Child Child Child *NOTE: For a surviving spouse to be entitled to receive an allowance, he or she must have been a resident of North Carolina at the time of the decedent’s death, or the decedent must have been a resident of North Carolina at that time. See S.L. 2019-113. For a child to be entitled to receive an allowance, he or she must be one of the following: (1) a child under the age of 18 years, including an adopted child or a child with whom the widow was pregnant at the death of her husband; (2) a child who is less than 22 years of age who is a full-time student in any educational institution; (3) a child under 21 years of age who has been declared mentally incompetent; (4) a child under 21 years of age who is totally disabled; (5) a person under the age of 18 years who resided with the deceased parent at the time of death and to whom the deceased parent or the surviving parent stood in loco parentis. See G.S. 30-17 and G.S. 12-3(16), (17). Name And Address Of Applicant (type or print) Spouse Of Decedent Child/Full-Time Student Personal Representative Next Friend Of Child Guardian Other: By signing below, I agree that the information in this filing is true to the best of my knowledge, information, or belief. I understand that, in some circumstances, persons who make false filings can be subject to legal penalties or sanctions and, depending on the situation, may be charged with a crime. Date Signature Of Applicant Original-File Copy-Applicant (Over) AOC-E-100, Rev. 9/21 © 2021 Administrative Office of the Courts |
Enlarge image | ASSIGNMENT OF YEAR’S ALLOWANCE I have examined the above application and have determined the money and other personal property of the decedent. I find that the allegations in the application are true and that each person(s) named in the application is entitled to the allowance requested. I ASSIGN to the applicant the funds or other items of the personal property of the decedent listed below, which I have valued as indicated. This property is assigned free and clear of any lien by judgment or execution against the decedent and is to be paid by the applicant to the person(s) entitled. I assess as a DEFICIENCY the amount, if any, shown below, which is to be paid or delivered to the proper person when any additional personal assets of the decedent are discovered. Personal Property Assigned Value TOTAL $ DEFICIENCY $ Date Signature Assistant CSC Clerk Of Superior Court Magistrate SEAL CERTIFICATION I hereby certify that the foregoing is a True and Correct copy of the report in the Assignment of Year’s Allowance in the matter of the above-referenced estate as recorded in this office and shall be sufficient to release the items listed as assigned to the surviving spouse or children of the deceased as provided under G.S. 30-15, 30-17, and 30-21. Date Signature Deputy CSC Assistant CSC Clerk Of Superior Court SEAL AOC-E-100, Side Two, Rev. 9/21 © 2021 Administrative Office of the Courts |