GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 334
Short Title: GSC Unif. Community Prop. Disp. at Death Act. (Public)
Sponsors: Representative Stevens.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
March 10, 2025
*H334 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE UNIFORM COMMUNITY PR OPERTY DISPOSITION AT 2
DEATH ACT, AS RECOMM ENDED BY THE GENERAL STATUTES COMMISSION . 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Chapter 31C of the General Statutes is repealed. 5
SECTION 2. Chapter 30 of the General Statutes is amended by adding a new Article 6
to read: 7
"Article 5. 8
"Uniform Community Property Disposition at Death Act. 9
"§ 30-41. Title. 10
This Article may be cited as the Uniform Community Property Disposition at Death Act. 11
"§ 30-42. Definitions. 12
In this Article, the following definitions apply: 13
(1) Community-property spouse. – An individual in a marriage or other 14
relationship that satisfies all of the following: 15
a. Community property could be acquired under the relationship. 16
b. The relationship remains in existence at the time of death of either 17
party to the relationship. 18
(2) Electronic. – Relating to technology having electrical, digital, magnetic, 19
wireless, optical, electromagnetic, or similar capabilities. 20
(3) Jurisdiction. – The United States, a state, a foreign country, or a political 21
subdivision of a foreign country. 22
(4) Partition. – Voluntarily divide property to which this Article otherwise would 23
apply. 24
(5) Person. – Defined in G.S. 28A-1-1. 25
(6) Personal representative. – Defined in G.S. 28A-1-1. 26
(7) Property. – Defined in G.S. 32C-1-102. 27
(8) Reclassify. – To change the characterization or treatment of community 28
property to property owned separately by community-property spouses. 29
(9) Record. – Information inscribed on a tangible medium or stored in an 30
electronic or other medium and retrievable in perceivable form. 31
(10) Sign. – With present intent to authenticate or adopt a record, to do either of 32
the following: 33
a. Execute or adopt a tangible symbol. 34 General Assembly Of North Carolina Session 2025
Page 2 House Bill 334-First Edition
b. Attach to or logically associate with the record an electronic symbol, 1
sound, or process. 2
(11) State. – Consists of the following: 3
a. A state of the United States, the District of Columbia, Puerto Rico, the 4
United States Virgin Islands, or any other territory or insular 5
possession subject to the jurisdiction of the United States. 6
b. An Indian tribe or band or Alaskan native village that is recognized by 7
federal law or formally acknowledged by an entity listed in 8
sub-subdivision a. of this subdivision. 9
"§ 30-43. Included and excluded property. 10
(a) Subject to subsection (b) of this section, this Article applies to all of the following 11
property of a community-property spouse, without regard to how the property is titled or held: 12
(1) If a decedent was domiciled in this State at the time of death, all of the 13
following property: 14
a. All or a proportionate part of each item of personal property, wherever 15
located, that was community property under the law of the jurisdiction 16
where the decedent or the surviving community-property spouse was 17
domiciled either when the community property was acquired or, after 18
acquisition, became community property. 19
b. Income, rent, profit, appreciation, or other increase derived from or 20
traceable to property described in sub-subdivision a. of this 21
subdivision. 22
c. Personal property traceable to property described in sub-subdivision a. 23
or b. of this subdivision. 24
(2) Regardless of whether a decedent was domiciled in this State at the time of 25
death, all of the following property: 26
a. All or a proportionate part of each item of real property located in this 27
State traceable to community property or acquired with community 28
property under the law of the jurisdiction where the decedent or the 29
surviving community-property spouse was domiciled either when the 30
community property was acquired or, after acquisition, became 31
community property. 32
b. Income, rent, profit, appreciation, or other increase, derived from or 33
traceable to property described in sub-subdivision a. of this 34
subdivision. 35
(b) If community-property spouses acquired community property by complying with the 36
law of a jurisdiction that allows for creation of community property by transfer of property to a 37
trust, this Article applies to the property only to the extent the property is held in the trust or 38
characterized as community property by the terms of the trust or the law of the jurisdiction under 39
which the trust was created. 40
(c) This Article does not apply to the following property: 41
(1) Property that community-property spouses have partitioned or reclassified. 42
(2) Property that is the subject of a waiver of rights granted by this Article. 43
"§ 30-44. Form of partition, reclassification, or waiver. 44
(a) Community-property spouses domiciled in this State may partition or reclassify 45
property to which this Article otherwise would apply. The partition or reclassification must be in 46
a record signed by both community-property spouses. Unless both community-property spouses 47
agree otherwise, partition of community property is presumed to result in each spouse owning a 48
one-half separate property interest in each item of property addressed in the record. 49 General Assembly Of North Carolina Session 2025
House Bill 334-First Edition Page 3
(b) A community-property spouse domiciled in this State may waive a right granted by 1
this Article only by complying with the law of this State, including this State's choice-of-law 2
rules, applicable to waiver of a spousal property right. 3
"§ 30-45. Community property presumption. 4
This Article is presumed to apply to all property acquired by a community-property spouse 5
when domiciled in a jurisdiction where property acquired by the community-property spouse was 6
presumed to be community property under the law of that jurisdiction. This presumption may be 7
rebutted by a preponderance of the evidence. 8
"§ 30-46. Disposition of property at death. 9
(a) One-half of the property to which this Article applies belongs to the surviving 10
community-property spouse of a decedent and is not subject to disposition by the decedent at 11
death. 12
(b) One-half of the property to which this Article applies belongs to the decedent and is 13
subject to disposition by the decedent at death. 14
(c) The property that belongs to the decedent under subsection (b) of this section is not 15
subject to the surviving community-property spouse's right to petition for an elective share under 16
Article 1A of this Chapter or the surviving community-property spouse's right to elect a life estate 17
under Article 8 of Chapter 29 of the General Statutes. 18
(d) This section does not apply to property transferred by right of survivorship or under 19
a revocable trust or other nonprobate transfer. 20
(e) This section does not limit the right of a surviving community-property spouse to the 21
year's allowance under Article 4 of this Chapter or the property exemptions under Article X of 22
the North Carolina Constitution and Article 16 of Chapter 1C of the General Statutes. 23
(f) If at death a decedent purports to transfer to a third person property that, under this 24
section, belongs to the surviving community-property spouse and transfers other property to the 25
surviving community-property spouse, this section does not limit the authority of the court under 26
other laws of this State to require that the community-property spouse elect between retaining 27
the property transferred to the community-property spouse or asserting rights under this Article. 28
"§ 30-47. Other remedies available at death. 29
(a) At the death of a community-property spouse, the surviving community-property 30
spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a 31
right based on either of the following acts: 32
(1) An act of the surviving community-property spouse or decedent during the 33
marriage or other relationship under which community property then could be 34
acquired. 35
(2) An act of the decedent that takes effect at the death of the decedent. 36
(b) In determining a right under subsection (a) of this section and corresponding remedy, 37
the court shall apply equitable principles and may consider the community property law of the 38
jurisdiction where the decedent or surviving community-property spouse was domiciled when 39
the property was acquired or enhanced. 40
"§ 30-48. Right of surviving community-property spouse. 41
(a) The surviving community-property spouse of a decedent may assert a claim for relief 42
with respect to a right under this Article in accordance with the following: 43
(1) With respect to a claim for relief asserting a right in or to property, the 44
surviving community-property spouse must do either of the following: 45
a. Within one year of the decedent's date of death, commence a civil 46
action in superior court against an heir, devisee, or nonprobate 47
transferee that is in possession of the property. 48
b. Within six months after the issuance of letters testamentary or letters 49
of administration in connection with the decedent's testate or intestate 50
proceeding, file a petition with the clerk of superior court or 51 General Assembly Of North Carolina Session 2025
Page 4 House Bill 334-First Edition
commence a civil action in superior court in the county in which the 1
primary administration of the decedent's estate lies. A petition with the 2
clerk of superior court shall be filed as an estate proceeding, and the 3
proceeding shall be conducted in accordance with the procedures of 4
Article 2 of Chapter 28A of the General Statutes. 5
(2) With respect to a claim for relief other than a claim under subdivision (a)(1) 6
of this section, the surviving community-property spouse must do either of the 7
following: 8
a. If a personal representative of the decedent's estate is not appointed, 9
commence a civil action in superior court within one year of the 10
decedent's date of death. 11
b. Satisfy the procedural requirements of sub-subdivision (a)(1)b. of this 12
section. 13
(3) The incapacity of the surviving spouse does not toll the time for commencing 14
an action or filing a petition as provided in this section. 15
(b) Unless a timely demand is made under sub-subdivision (a)(1)b. or (a)(2)b. of this 16
section, the personal representative may distribute the assets of the decedent's estate without 17
personal liability for a community-property spouse's claim under this Article. 18
"§ 30-49. Right of heir, devisee, or nonprobate transferee. 19
An heir, devisee, or nonprobate transferee of a deceased community-property spouse may 20
assert a claim for relief with respect to a right under this Article in accordance with the following: 21
(1) With respect to a claim asserting a right in or to property, the heir, devisee, or 22
nonprobate transferee must do either of the following: 23
a. Within one year of the decedent's date of death, commence a civil 24
action in superior court against the surviving community-property 25
spouse who is in possession of the property. 26
b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b. 27
(2) With respect to a claim for relief other than a claim under subdivision (1) of 28
this section, the heir, devisee, or nonprobate transferee must do either of the 29
following: 30
a. If a personal representative of the decedent's estate is not appointed, 31
commence a civil action in superior court within one year of the 32
decedent's date of death. 33
b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b. 34
(3) The incapacity of the heir, devisee, or nonprobate transferee does not toll the 35
time for commencing an action or filing a petition as provided in this section. 36
"§ 30-50. Protection of third person. 37
(a) With respect to property to which this Article applies, a person is not liable under this 38
Article if all of the following apply: 39
(1) The person transacts in good faith and for value with either of the following: 40
a. A community-property spouse. 41
b. After the death of the decedent, a surviving community-property 42
spouse, personal representative, heir, devisee, or nonprobate transferee 43
of the decedent. 44
(2) The person does not know or have reason to know that the other party to the 45
transaction is exceeding or improperly exercising the party's authority. 46
(b) Good faith under subdivision (a)(1) of this section does not require the person to 47
inquire into the extent or propriety of the exercise of authority by the other party to the 48
transaction. 49
(c) With respect to real property to which this Article applies, a lien creditor or a 50
purchaser for value of the property is not liable under this Article unless, before the lien was 51 General Assembly Of North Carolina Session 2025
House Bill 334-First Edition Page 5
acquired or the purchase was made, the community-property spouses gave notice in a registered 1
instrument of their intention for this Article to apply to the property. Priority among this 2
registered instrument and other registered instruments is governed by G.S. 47-18. 3
"§ 30-51. Principles of law and equity. 4
The principles of law and equity supplement this Article except to the extent inconsistent 5
with this Article. 6
"§ 30-52. Uniformity of application and construction. 7
In applying and construing this Article, a court shall consider the promotion of uniformity of 8
the law among jurisdictions that enact the Uniform Community Property Disposition at Death 9
Act." 10
SECTION 3. G.S. 28A-2-4 reads as rewritten: 11
"§ 28A-2-4. Subject matter jurisdiction of the clerk of superior court in estate proceedings. 12
(a) The clerks of superior court of this State, as ex officio judges of probate, shall have 13
original jurisdiction of estate proceedings. Except as provided in subdivision (4) of this 14
subsection, the jurisdiction of the clerk of superior court is exclusive. Estate proceedings include, 15
but are not limited to, the following: 16
… 17
(4) Proceedings to ascertain heirs or devisees, to approve settlement agreements 18
pursuant to G.S. 28A-2-10, to determine questions of construction of wills, to 19
determine priority among creditors, to determine whether a person is in 20
possession of property belonging to an estate, to order the recovery of property 21
of the estate in possession of third parties, to determine a claim for relief 22
regarding the disposition of community property at death as provided in 23
Article 5 of Chapter 30 of the General Statutes, and to determine the existence 24
or nonexistence of any immunity, power, privilege, duty, or right. Any party 25
or the clerk of superior court may file a notice of transfer of a proceeding 26
pursuant to this subdivision to the Superior Court Division of the General 27
Court of Justice as provided in G.S. 28A-2-6(h). In the absence of a transfer 28
to superior court, Article 26 of Chapter 1 of the General Statutes shall apply 29
applies to an estate proceeding pending before the clerk of superior court to 30
the extent consistent with this Article. 31
(b) Nothing in this section shall affect affects the right of a person to file an action in the 32
Superior Court Division of the General Court of Justice for declaratory relief under Article 26 of 33
Chapter 1 of the General Statutes. In the event that either the petitioner or the respondent in an 34
estate proceeding requests declaratory relief under Article 26 of Chapter 1 of the General 35
Statutes, either party may move for a transfer of the proceeding to the Superior Court Division 36
of the General Court of Justice as provided in Article 21 of Chapter 7A of the General Statutes. 37
In the absence of a removal to superior court, Article 26 of Chapter 1 of the General Statutes 38
shall apply applies to an estate proceeding to the extent consistent with this Article. 39
(c) Without otherwise limiting the jurisdiction of the Superior Court Division of the 40
General Court of Justice, the clerk of superior court shall does not have jurisdiction under 41
subsection (a) or (b) of this section or G.S. 28A-2-5 of the following: 42
… 43
(4) Proceeding Proceedings to determine proper county of venue as provided in 44
G.S. 28A-3-2. 45
…." 46
SECTION 4. If a provision of this act or its application to a person or circumstance 47
is held invalid, the invalidity does not affect another provision or application that can be given 48
effect without the invalid provision. 49
SECTION 5. The Revisor of Statutes shall cause to be printed, as annotations to the 50
published General Statutes, all relevant portions of the Official Comments to the Uniform 51 General Assembly Of North Carolina Session 2025
Page 6 House Bill 334-First Edition
Community Property Disposition at Death Act and all explanatory comments of the drafters of 1
this act as the Revisor may deem appropriate. 2
SECTION 6. If a right with respect to property to which this act applies is acquired, 3
extinguished, or barred on the expiration of a limitation period that began to run under another 4
statute before the effective date of this act, that statute continues to apply to the right even if the 5
statute has been repealed or superseded by this act. 6
SECTION 7. This act becomes effective January 1, 2026. Except as provided in 7
Section 6 of this act, this act applies to a judicial proceeding commenced on or after that date, 8
regardless of the date of death of the decedent. 9