N.C. Gen. Stat. » Chapter 30

N.C. Gen. Stat. § 30-3.1

Right of elective share

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(a) Elective Share. - The surviving spouse of a decedent who dies domiciled in this State has a right to claim an "elective share", which means an amount equal to (i) the applicable share of the Total Net Assets, as defined in G.S. 30-3.2(4), less (ii) the value of Net Property Passing to Surviving Spouse, as defined in G.S. 30-3.2(2c). The applicable share of the Total Net Assets is as follows:

(1) If the surviving spouse was married to the decedent for less than five years, fifteen percent (15%) of the Total Net Assets.

(2) If the surviving spouse was married to the decedent for at least five years but less than 10 years, twenty-five percent (25%) of the Total Net Assets.

(3) If the surviving spouse was married to the decedent for at least 10 years but less than 15 years, thirty-three percent (33%) of the Total Net Assets.

(4) If the surviving spouse was married to the decedent for 15 years or more, fifty percent (50%) of the Total Net Assets.

(b) Repealed by Session Laws 2013-91, s. 1(d), effective October 1, 2013, and applicable to estates of decedents dying on or after October 1, 2013.

(c) Repealed by Session Laws 2009-368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1, 2009. (2000-178, s. 2; 2003-296, s. 1; 2009-368, s. 1; 2013-91, s. 1(d).)

 

Notes of Decisions
Cited in 21 cases (7 in the last 5 years), 1977–2024 · leading case: In Re Estate of Sharpe
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In Re Estate of Sharpe (2018) ncctapp · cites it 5×
In Re Estate of Pope (2008) ncctapp · cites it 6× “Petitioner Jane Forbes Pope appeals from the order granting respondents’ motion for summary judgment and denying her claim for an elective share under N.C. Gen. Stat. § 30-3.1 et seq.”
In Re the Purported Will of Shepherd (2014) ncctapp · cites it 6× “” N.C. Gen. Stat. § 30-3.1 (2013). 6 The elective share is calculated as a share of the decedent’s “Total Net Assets” subtracted by the “Net Property Passing to Surviving Spouse,” as both terms are defined by section 30-3.”
Tennessee-Carolina Transportation, Inc. v. Strick Corp. (1977) nc · cites it 2× “) § 30-3.1. "The court may order `that the deposition not be taken.”
In Re the Estate of Archibald (2007) ncctapp · cites it 2× “On 24 May 2005 appellee elected a spousal share of his wife’s estate, as permitted by N.C. Gen. Stat. § 30-3.1 . *276 On 15 August 2005 appellant filed a motion asking the Clerk of Court to: (1) set aside the 24 November 2004 assignment of a year’s spousal support; (2) deny…”
Plummer v. Plummer (2009) ncctapp “The surviving spouse’s right to claim an “elective share” pursuant to G.S. 30-3.1 through G.S. 30-33, unless otherwise waived.”
Clark v. Foust-Graham (2005) ncctapp · cites it 2× “§ 29-30 (2003) (entitling a surviving *712 spouse to choose between an intestate share or an elective share and a life estate in one-third of the real estate of which a deceased spouse was seized during coverture); N.C. Gen. Stat. § 30-3.1 (2003) (entitling surviving spouse of a…”
In Re the Estate of Heiman (2014) ncctapp · cites it 8× “Under N.C. Gen. Stat. § 30-3.1 , et seq.”
Crosland v. Patrick (2020) ncctapp · cites it 9× “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
Crosland v. Patrick (2020) ncctapp · cites it 9× “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
Crosland v. Patrick (2020) ncctapp · cites it 9× “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
In re: Gerringer (2022) ncctapp · cites it 8× “¶3 On 20 February 2018, Petitioner filed a Petition for Elective Share by Surviving Spouse (“Petition”), seeking an elective share of 50% of Decedent’s net estate, pursuant to N.C. Gen. Stat. § 30-3.1 .”
Show all 21 citing cases →
— N.C. Gen. Stat. § 30-3.1(a) — 1 case
In re: Hayes (2024) ncctapp
— N.C. Gen. Stat. § 30-3.1(a)(4) — 7 cases
Crosland v. Patrick (2020) ncctapp “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
Crosland v. Patrick (2020) ncctapp “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
Crosland v. Patrick (2020) ncctapp “She requested the trial court determine if the value of property passing to her under Husband’s estate plan was less than fifty percent of his estate as provided by N.C.G.S. § 30-3.1. On 5 November 2015, Respondent, Bailey Patrick, Jr.”
In re: Gerringer (2022) ncctapp “¶3 On 20 February 2018, Petitioner filed a Petition for Elective Share by Surviving Spouse (“Petition”), seeking an elective share of 50% of Decedent’s net estate, pursuant to N.C. Gen. Stat. § 30-3.1 .”
In re: Gerringer (2022) ncctapp
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