GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 309
Short Title: Changes to Estates and Trusts Statutes. (Public)
Sponsors: Senators Galey, Daniel, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 18, 2025
*S309 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE NORTH CAROLINA UNIFO RM ELECTRONIC WILLS ACT; TO 2
MAKE UPDATES TO THE ELECTIVE SHARE STATUTES; TO UPDATE STATUTES 3
RELATING TO TRUST AD MINISTRATION; AND TO MAKE REVISIONS TO THE 4
YEAR'S ALLOWANCE STA TUTES, AS RECOMMENDED BY THE E STATE 5
PLANNING AND FIDUCIA RY LAW SECTION OF TH E NORTH CAROLINA BAR 6
ASSOCIATION. 7
The General Assembly of North Carolina enacts: 8
9
PART I. NC UNIFORM ELECTRONIC WILLS ACT 10
SECTION 1.1. Chapter 31 of the General Statutes is amended by adding a new 11
Article to read: 12
"Article 11. 13
"North Carolina Uniform Electronic Wills Act. 14
"§ 31-71. Short title. 15
This Article may be cited as the "North Carolina Uniform Electronic Wills Act." 16
"§ 31-72. Definitions. 17
In this Article, the following definitions apply: 18
(1) Electronic. – Relating to technology having electrical, digital, magnetic, 19
wireless, optical, electromagnetic, or similar capabilities. 20
(2) Reserved for future codification purposes. 21
(3) Electronic will. – A will executed electronically in compliance with 22
G.S. 31-74(a) or an attested written will that has been stored in electronic form 23
in compliance with G.S. 31-79. 24
(4) Record. – Information that is inscribed on a tangible medium or that is stored 25
in an electronic or other medium and is retrievable in perceivable form. 26
(5) Sign. – With present intent to authenticate or adopt a record, to do either of 27
the following: 28
a. To execute or adopt a tangible symbol. 29
b. To affix to or logically associate with the record an electronic symbol 30
or process. 31
(6) State. – Consists of the following: 32
a. A state of the United States, the District of Columbia, Puerto Rico, the 33
United States Virgin Islands, or any territory or insular possession 34
subject to the jurisdiction of the United States. 35 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 309-First Edition
b. An Indian tribe or band or Alaskan native village that is recognized by 1
federal law or formally acknowledged by an entity listed in 2
sub-subdivision a. of this subdivision. 3
"§ 31-73. Law applicable to electronic will; principles of equity. 4
An electronic will is a will for all purposes of the law of this State. The law of this State 5
applicable to wills and principles of equity applies to an electronic will, except as modified by 6
this Article. 7
"§ 31-74. Execution of electronic will. 8
(a) An electronic will shall be executed in accordance with all of the following: 9
(1) Recorded in electronic form and readable as text at the time of signing. 10
(2) Signed by the testator. 11
(3) Attested by at least two competent witnesses as provided by G.S. 31-3.3. 12
(b) The validity of a will executed electronically but not in compliance with subsection 13
(a) of this section is governed by G.S. 31-46. 14
"§ 31-75. Revocation. 15
(a) An electronic will may revoke all or part of a previous will. 16
(b) All or part of an electronic will may be revoked in either of the following ways: 17
(1) In the manner provided by G.S. 31-5.1(1). 18
(2) By a physical act, if it is established by a preponderance of the evidence that 19
the testator, with the intent of revoking all or part of the electronic will, 20
performed the act or directed another individual who performed the act in the 21
testator's physical presence. 22
"§ 31-76. Electronic will attested and made self-proved at time of execution. 23
(a) An electronic will may be self-proved by acknowledgment of the testator and 24
affidavits of the witnesses as provided by G.S. 31-11.6, so long as the acknowledgment of the 25
testator and the affidavits of the witnesses are made simultaneously with the execution of the 26
electronic will. 27
(b) A signature physically or electronically affixed to an acknowledgment or affidavit 28
that is affixed to or logically associated with an electronic will is deemed a signature of the 29
electronic will. 30
"§ 31-77. Certification of paper copy. 31
(a) An individual may create a certified paper copy of an electronic will by certifying that 32
a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. 33
The certification shall be in the form of an affidavit sworn to or affirmed before an officer 34
authorized to administer oaths. If the electronic will is made self-proved, the certified paper copy 35
of the will shall include the affidavits. The certified paper copy of the electronic will may be 36
created at any time after the electronic will is executed. 37
(b) A certified paper copy of an electronic will, but not the electronic will itself, may be 38
probated under G.S. 28A-2A-8(a1). 39
"§ 31-78. Uniformity of application and construction. 40
In applying and construing this Article, consideration must be given to the need to promote 41
uniformity of the law with respect to its subject matter among states that enact the Uniform 42
Electronic Wills Act. 43
"§ 31-79. Conversion of attested written will to electronic will. 44
(a) At any time during the life of the testator, the testator, or another person at the 45
testator's direction, may convert an attested written will to an electronic will by storing the 46
attested written will as an electronic record. The electronic record shall include a certification, 47
signed by the person who has converted the attested written will to an electronic will, in the form 48
of an affidavit sworn to or affirmed before an officer authorized to administer oaths, that the 49
electronic form of the attested written will is a complete, true, and accurate copy of the attested 50
written will. If the person converting the attested written will to an electronic will is not the 51 General Assembly Of North Carolina Session 2025
Senate Bill 309-First Edition Page 3
testator, the certification shall also contain a statement that the testator expressly authorized the 1
conversion of the attested written will to an electronic will. 2
(b) If the attested written will is lost or destroyed after being converted to an electronic 3
will, the loss or destruction shall not be deemed a revocation of the attested written will, nor shall 4
it be deemed a presumption of revocation of the attested written will." 5
SECTION 1.2. G.S. 28A-2A-8 reads as rewritten: 6
"§ 28A-2A-8. Manner of probate of attested written will.will or certified paper copy of 7
electronic will. 8
(a) An attested written will, executed as provided by G.S. 31-3.3, may be probated in the 9
following manner:any of the following ways: 10
(1) Upon the testimony of at least two of the attesting witnesses; orwitnesses. 11
(2) If the testimony of only one attesting witness is available, then with all of the 12
following: 13
a. Upon the The testimony of such witness, andthe witness. 14
b. Upon proof Proof of the handwriting of at least one of the attesting 15
witnesses who is dead or whose testimony is otherwise unavailable, 16
andunavailable. 17
c. Upon proof Proof of the handwriting of the testator, unless he the 18
testator signed by his mark, andthe testator's mark. 19
d. Upon proof Proof of such other circumstances as will that satisfy the 20
clerk of the superior court as to the genuineness and due execution of 21
the will; orwill. 22
(3) If the testimony of none of the attesting witnesses is available, then with both 23
of the following: 24
a. Upon proof Proof of the handwriting of at least two of the attesting 25
witnesses whose testimony is unavailable, andunavailable. 26
b. Upon compliance Compliance with paragraphs sub-subdivisions c. 27
and d. of subsection (a)(2) of this section; orsubdivision (a)(2) of this 28
section. 29
(4) Upon a showing that the will has been made self-proved in accordance with 30
the provisions of G.S. 31-11.6. 31
(a1) A certified paper copy of an electronic will created under G.S. 31-77(a) may be 32
probated in any of the following ways: 33
(1) Upon the testimony of at least two of the attesting witnesses. 34
(2) If the testimony of only one attesting witness is available, then with both of 35
the following: 36
a. The testimony of the witness. 37
b. Proof of other circumstances that satisfy the clerk of the superior court 38
as to the genuineness and due execution of the will. 39
(3) If the testimony of none of the attesting witnesses is available, then upon 40
compliance with sub-subdivision b. of subdivision (2) of this subsection. 41
(4) Upon a showing that the will has been made self-proved in accordance with 42
G.S. 31-76. 43
(b) Due execution of a will may be established, where if the evidence required by 44
subsection (a) subsections (a) and (a1) of this section is unavoidably lacking or inadequate, by 45
testimony of other competent witnesses as to the requisite facts. 46
(c) The testimony of a witness is unavailable within the meaning of this section when the 47
witness is dead, out of the State, not to be found within the State, incompetent, physically unable 48
to testify testify, or refuses to testify." 49
SECTION 1.3. G.S. 28A-2B-1 reads as rewritten: 50
"§ 28A-2B-1. Establishment before death that a will or codicil is valid. 51 General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 309-First Edition
(a) Any petitioner who is a resident of North Carolina and who has executed a will or 1
codicil may file a petition seeking a judicial declaration that the will or codicil is valid. 2
(b) The petition shall be filed with the clerk of superior court and the matter shall proceed 3
as a contested estate proceeding governed by Article 2 of Chapter 28A of the General Statutes. 4
At the hearing before the clerk of superior court, the petitioner shall produce the original will or 5
codicil or, if electronic, a certified paper copy of it and any other evidence necessary to establish 6
that the will or codicil would be admitted to probate if the petitioner were deceased. 7
If an interested party contests the validity of the will or codicil, that person shall file a written 8
challenge to the will or codicil before the hearing or make an objection to the validity of the will 9
or codicil at the hearing. Upon the filing of a challenge or the raising of an issue contesting the 10
validity of the will or codicil, the clerk shall transfer the cause to the superior court. The matter 11
shall be heard as if it were a caveat proceeding, and the court shall make a determination as to 12
the validity of the will or codicil and enter judgment accordingly. 13
If no interested party contests the validity of the will or codicil and if the clerk of superior 14
court determines that the will or codicil would be admitted to probate if the petitioner were 15
deceased, the clerk of superior court shall enter an order adjudging the will or codicil to be valid. 16
(c) Failure to use the procedure authorized by this Article shall does not have any 17
evidentiary or procedural effect on any future probate proceedings. 18
(d) For purposes of this Article only, a "petitioner" is a person who requests a judicial 19
declaration that confirms the validity of that person's will or codicil." 20
SECTION 1.4. G.S. 28A-2B-3 reads as rewritten: 21
"§ 28A-2B-3. Contents of petition for will validity. 22
(a) Petition. – A petition requesting an order declaring that a petitioner's will or codicil is 23
valid shall be verified and shall contain the following information: 24
… 25
(5) A statement identifying the petitioner, petitioner and all persons believed by 26
the petitioner to have an interest in the proceeding, including, for any 27
interested parties who are minors, information regarding the minor's 28
appropriate representative. 29
(b) The petitioner shall file a copy of the will or codicil with the petition and petition. At 30
the hearing provided in G.S. 28A-2B-1(b), the petitioner shall tender the original will or codicil 31
at the hearing as provided in G.S. 28A-2B-1(b). or, if electronic, a certified paper copy of it. If 32
an order is entered declaring the will or codicil to be valid, the court shall affix a certificate of 33
validity to the will or codicil." 34
SECTION 1.5. G.S. 31-3.1 reads as rewritten: 35
"§ 31-3.1. Will invalid unless statutory requirements complied with. 36
No will is valid unless it complies with the requirements prescribed therefor by this Article.of 37
this Chapter." 38
SECTION 1.6. G.S. 31-3.2 reads as rewritten: 39
"§ 31-3.2. Kinds of wills. 40
(a) Personal property and real property may be devised by any of the following: 41
(1) An attested written will which that complies with the requirements of G.S. 42
31-3.3, orG.S. 31-3.3. 43
(2) A holographic will which that complies with the requirements of G.S. 31-3.4. 44
(3) An electronic will that complies with the requirements of G.S. 31-74(a). 45
(b) Personal property may also be devised by a nuncupative will which that complies 46
with the requirements of G.S. 31-3.5." 47
SECTION 1.7. G.S. 31-11 reads as rewritten: 48
"§ 31-11. Depositories in offices of clerks of superior court where living persons may file 49
wills. 50 General Assembly Of North Carolina Session 2025
Senate Bill 309-First Edition Page 5
The clerk of the superior court in each county of North Carolina shall be required to keep a 1
receptacle or depository in which any person who desires to do so may file that person's will for 2
safekeeping; and the for safekeeping that person's original will or, if electronic, a certified paper 3
copy of it. The clerk shall, upon written request of the testator, or the duly authorized agent or 4
attorney for the testator, permit said the will or testament to be withdrawn from said the 5
depository or receptacle at any time prior to the death of the testator: Provided, that the testator. 6
The contents of said the will shall not be made public or open to the inspection of anyone other 7
than the testator or the testator's duly authorized agent until such time as the said will shall be 8
offered for probate.the death of the testator." 9
SECTION 1.8. The Revisor of Statutes shall cause to be printed, as annotations to 10
the published General Statutes, all relevant portions of the Official Comments to the Uniform 11
Electronic Wills Act and all explanatory comments of the drafters of this act as the Revisor may 12
deem appropriate. 13
SECTION 1.9. This Part becomes effective January 1, 2026, and applies to 14
electronic wills executed on or after that date, and it further applies to attested written wills 15
converted to electronic wills on or after that date, regardless of the date of execution of the 16
attested written will. 17
18
PART II. UPDATES TO ELECTIVE SHARE STATU TES 19
SECTION 2.1. G.S. 30-3.3A reads as rewritten: 20
"§ 30-3.3A. Valuation of property. 21
… 22
(e) Partial or Contingent Interest Property. – The valuation of partial and contingent 23
property interests, outright or in trust, which are limited to commence or terminate upon the death 24
of one or more persons, upon the expiration of a period of time, or upon the occurrence of one or 25
more contingencies, shall be determined by computations based upon the mortality and annuity 26
tables set forth in G.S. 8-46 and G.S. 8-47, and by using a presumed rate of return of six percent 27
(6%) of the value of the underlying property in which those interests are limited, unless upon 28
good cause shown by one of the parties, the clerk determines that the use of such tables or rate 29
of return is not appropriate, then the value of such interests shall be determined under subsection 30
(f) of this section. However, in valuing partial and contingent interests passing to the surviving 31
spouse, the following special rules apply: 32
(1) The value of the beneficial interest of a spouse shall be the entire fair market 33
value of any property held in trust if the decedent was the settlor of the trust, 34
if the trust is held for the exclusive benefit of the surviving spouse during the 35
surviving spouse's lifetime, and if the terms of the trust substantially meet the 36
following requirements:requirements in form and content: 37
a. During At all times during the lifetime of the surviving spouse, the 38
trust is controlled by (i) one or more nonadverse trustees.trustees, 39
including successor trustees, (ii) the surviving spouse as trustee, or (iii) 40
one or more nonadverse trustees and the surviving spouse as 41
co-trustees, including successor trustees. 42
b. The trustee shall distribute to or for the benefit of the surviving spouse 43
either (i) the entire net income of the trust at least annually or (ii) the 44
income of the trust in such amounts and at such times as the trustee, in 45
its discretion, determines necessary for the health, maintenance, and 46
support of the surviving spouse. 47
c. The trustee shall distribute to or for the benefit of the surviving spouse 48
out of the principal of the trust such amounts and at such times as the 49
trustee, in its discretion, determines necessary for the health, 50
maintenance, and support of the surviving spouse. 51 General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 309-First Edition
d. In exercising discretion, the trustee 1
(1a) Notwithstanding any requirements in subdivision (1) of this subsection to the 2
contrary, the terms of the trust may be authorized authorize or required require 3
the trustee, in exercising discretion, to take into consideration all other income 4
assets income, assets, and other means of support available to the surviving 5
spouse. 6
(1b) A trust fails to meet the requirements of sub-subdivisions b. and c. of 7
subdivision (1) of this subsection if the terms of the trust do not state the 8
requirement that the trustee shall distribute the income and principal as 9
provided in those sub-subdivisions using the terms "shall," "is required to," or 10
other equivalent term or terms directing the trustee to distribute the income 11
and principal. Nothing in this subdivision shall affect the ability of the trustee 12
to exercise the discretion provided in sub-subdivisions b. and c. of subdivision 13
(1) of this subsection with respect to the timing and amount of distributions 14
necessary for the health, maintenance, and support of the surviving spouse. 15
(2) To the extent that the partial or contingent interest is dependent upon the 16
occurrence of any contingency that is not subject to the control of the 17
surviving spouse and that is not subject to valuation by reference to the 18
mortality and annuity tables set forth in G.S. 8-46 and G.S. 8-47, the 19
contingency will be conclusively presumed to result in the lowest possible 20
value passing to the surviving spouse. However, a life estate or income interest 21
that will terminate upon the surviving spouse's death or remarriage will be 22
valued without regard to the possibility of termination upon remarriage. 23
…." 24
SECTION 2.2. G.S. 30-3.4 reads as rewritten: 25
"§ 30-3.4. Procedure for determining the elective share. 26
(a) Exercisable Only During Lifetime. – The right of the surviving spouse to file a claim 27
for an elective share must be exercised during the lifetime of the surviving spouse, by the 28
surviving spouse, by the surviving spouse's agent if the surviving spouse's power of attorney 29
expressly authorizes the agent to do so or to generally engage in estate, trusts, and other beneficial 30
interests, or, with approval of court, by the guardian of the surviving spouse's estate or general 31
guardian. If a surviving spouse dies before the claim for an elective share has been settled, the 32
surviving spouse's personal representative shall succeed to the surviving spouse's rights to an 33
elective share. 34
(b) Time Limitations. – A claim for an elective share must be made within six months 35
after the issuance of letters testamentary or letters of administration in connection with the will 36
or intestate proceeding with respect to which the surviving spouse claims the elective share by 37
(i) filing a verified petition with the clerk of superior court of the county in which the primary 38
administration of the decedent's estate lies,and (ii) mailing or delivering a copy of that petition 39
to the personal representative of the decedent's estate. lies. A surviving spouse's incapacity shall 40
not toll the six-month period of limitations. 41
… 42
(e1) Procedure. – An elective share proceeding shall be an estate proceeding and shall be 43
conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes. 44
The verified petition shall be filed by the clerk upon payment of the costs assessed in 45
G.S. 7A-307. An elective share proceeding shall be an estate proceeding and shall be conducted 46
in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes, except as 47
modified or supplemented by the following: 48
(1) Upon the filing of the verified petition, the petition shall be served upon the 49
personal representative in accordance with G.S. 1A-1, Rule 4 of the Rules of 50
Civil Procedure, without issuance of a summons. The petition shall also be 51 General Assembly Of North Carolina Session 2025
Senate Bill 309-First Edition Page 7
served on all responsible persons as those persons become known to the 1
petitioner in accordance with G.S. 1A-1, Rule 4 of the Rules of Civil 2
Procedure, without issuance of a summons. The failure to serve the petition 3
for elective share on the personal representative or any other person within the 4
six-month period described in subsection (b) of this section shall not render 5
the claim for elective share as being untimely filed. 6
(2) After service under subdivision (1) of this subsection, the petitioner, the 7
personal representative, or any other party may cause notice of a hearing 8
before the clerk to be served upon all parties in accordance with G.S. 1A-1, 9
Rule 5 of the Rules of Civil Procedure. At the hearing, the clerk may set 10
deadlines as to the gathering and sharing of information concerning total net 11
assets and may determine any other relevant procedural matters. 12
(3) Within 30 days following the entry of an order resulting from the hearing 13
described in subdivision (2) of this subsection, any party who was present at 14
the hearing may file a responsive pleading to the petition; provided, however, 15
that failure to respond to any averment or claim in the petition shall not be 16
deemed an admission of that averment or claim. An extension of time to file 17
a responsive pleading to the petition may be granted as provided by G.S. 1A-1, 18
Rule 6 of the Rules of Civil Procedure. 19
…." 20
SECTION 2.3. This Part becomes effective January 1, 2026, and applies to claims 21
for elective share filed on or after that date. 22
23
PART III. TRUST ADMINISTRATION/CONTEST U PDATES 24
SECTION 3.1. G.S. 36C-6-604 reads as rewritten: 25
"§ 36C-6-604. Limitation on action contesting validity of revocable trust; distribution of 26
trust property. 27
(a) A person may commence a judicial proceeding to contest the validity of a trust that 28
was revocable at the settlor's death within the earlier of:of the following: 29
(1) Three years after the settlor's death; ordeath. 30
(2) 120 days after the trustee sent the person a copy of the trust instrument and 31
written notice pursuant to G.S. 1A-1, Rule 4 of the Rules of Civil Procedure, 32
informing the person of the trust's existence, of the trustee's name and address, 33
and of the time allowed for commencing a proceeding. 34
(b) Upon the death of the settlor of a trust that was revocable at the settlor's death, the 35
trustee may proceed to administer the trust and distribute the trust property in accordance with 36
the terms of the trust. The trustee is trust and shall not be subject to liability for doing so unless:so, 37
except that the trustee shall not distribute trust property to any beneficiary in contravention of the 38
rights of any person who may be affected by the outcome of a pending or possible judicial 39
proceeding if, at the time the distribution is made, any of the following apply: 40
(1) The trustee knows of a pending judicial proceeding contesting the validity of 41
all or part of the terms of the trust; trust or contesting the identity of the 42
beneficiaries eligible to receive distributions therefrom. 43
(2) A potential contestant has notified the trustee in writing of a possible judicial 44
proceeding to contest the trust, validity of all or part of the terms of the trust 45
or to contest the identity of the beneficiaries eligible to receive distribution 46
therefrom, and a judicial proceeding is commenced within 60 days after the 47
contestant sent the notification. 48
(b1) Any distribution in contravention of the provisions of subsection (b) of this section 49
shall constitute a breach of trust by the trustee. Upon motion of a party and after notice to 50
interested parties, a court, on good cause shown, may make an exception to the provisions of 51 General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 309-First Edition
subsection (b) of this section and authorize the trustee to distribute trust assets to a beneficiary, 1
subject to any conditions the court, in the court's discretion, may impose, including the posting 2
of a bond by the beneficiary. 3
(c) A beneficiary of a trust that is determined to have been invalid invalid, or whose 4
interest in a trust has been determined to be invalid, is liable to return any distribution received. 5
If the beneficiary refuses to return the distribution after being ordered by the court, the beneficiary 6
shall be liable for all costs incurred for recovery of the distribution, including attorneys' fees." 7
SECTION 3.2. This Part becomes effective January 1, 2026, and applies to settlors 8
dying on or after that date. 9
10
PART IV. REVISIONS TO YEAR'S ALLOWANCE S TATUTES 11
SECTION 4.1. G.S. 30-15 reads as rewritten: 12
"§ 30-15. When spouse entitled to allowance. 13
(a) Every surviving spouse of a decedent, whether or not the surviving spouse has 14
petitioned for an elective share, shall be entitled to receive an allowance having the value of sixty 15
thousand dollars ($60,000) for the surviving spouse's support for one year after the death of the 16
deceased spouse unless the spouse is barred from seeking an allowance under G.S. 31A-1 or 17
another applicable law. The spouse's allowance shall be in addition to the spouse's share of the 18
decedent's estate if the decedent died intestate but shall be charged against the spouse's share of 19
the decedent's estate if the decedent died testate. 20
(b) The right of a surviving spouse to file a claim for an allowance must be exercised 21
during the lifetime of the surviving spouse by (i) the surviving spouse, (ii) the surviving spouse's 22
agent under a durable power of attorney, or (iii), with approval of the court, by the guardian of 23
the surviving spouse's estate or general guardian. A claim for an allowance must be made by 24
filing a verified petition with the clerk of court of the county in which venue would be proper 25
under G.S. 28A-3-1. There is no time limitation on bringing a claim for an allowance except that, 26
if a personal representative has been appointed for the decedent's estate, the claim must be made 27
within six months after the issuance of letters testamentary or letters of administration. In 28
addition, if a personal representative has been appointed for the decedent's estate, a copy of the 29
verified petition must be personally delivered or sent by first-class mail by the petitioner to the 30
personal representative. 31
(c) If the surviving spouse dies after the petition is filed but before the claim for an 32
allowance has been fully satisfied, any deficiency judgment existing at the time of the surviving 33
spouse's death shall not expire. 34
(d) The spouse's allowance shall be exempt from any lien by judgment or execution 35
against the property of the decedent or any other claim made against or owed by the decedent's 36
estate. The spouse's allowance takes priority over any child's allowance under 37
G.S. 30-17.G.S. 30-17, except as set forth in subsection (e) of this section. 38
(e) If a surviving spouse entitled to an allowance fails to file a petition for an allowance 39
within six months after the date of death of the decedent and an eligible person files a petition 40
for a child's allowance in accordance with G.S. 30-17 before the spouse files a petition for an 41
allowance, then the spouse's priority to receive the allowance prior to the child named in the 42
petition is waived and the clerk may proceed to assign the full child's allowance to the eligible 43
child named in the petition. If a petition for the spousal allowance is filed jointly with a petition 44
for a child's allowance, then the spouse retains the right to receive the allowance prior to the child 45
named in the petition. The waiver described in this subsection shall not affect the spouse's right 46
to an allowance, only the spouse's priority to receive an allowance over any child's allowance 47
under G.S. 30-17. 48
(f) A proceeding for a spouse's allowance shall be an estate proceeding governed by the 49
provisions of Article 2 of Chapter 28 of the General Statutes." 50
SECTION 4.2. G.S. 30-17 reads as rewritten: 51 General Assembly Of North Carolina Session 2025
Senate Bill 309-First Edition Page 9
"§ 30-17. When children entitled to an allowance. 1
(a) Every child of a decedent who is under the age of 21 years at the time of the decedent's 2
death, including an adopted child or a child in utero, and every child who is under the age of 21 3
years at the time of the decedent's death with whom the decedent stood in loco parentis at the 4
time of death, shall be entitled to receive an allowance having a value of ten thousand dollars 5
($10,000) for the child's support for one year after the death of the decedent. The allowance shall 6
be in addition to the child's share of the decedent's estate regardless of whether the decedent died 7
testate or intestate. 8
(b) The right of a child to file a claim for an allowance must be exercised during the 9
lifetime of the child by the person with priority to file on behalf of the child as provided in 10
subsection (c) of this section. A claim for an allowance must be made by filing a verified petition 11
with the clerk of court of the county in which venue would be proper under G.S. 28A-3-1. There 12
is no time limitation on bringing a claim for an allowance except that, if a personal representative 13
has been appointed for the decedent's estate, the claim must be made within six months after the 14
issuance of letters testamentary or letters of administration. In addition, if a personal 15
representative has been appointed for the decedent's estate, a copy of the verified petition must 16
be personally delivered or sent by first-class mail by the petitioner to the personal representative. 17
(c) The person entitled to file a petition on behalf of the child for a child's allowance shall 18
be in the following order of priority: 19
(1) The child, if the child is at least 18 years old or an emancipated minor at the 20
time of the filing of the petition. 21
(1)(2) The general guardian or guardian of the estate of the child, if any. 22
(2)(3) The surviving parent of the child if the child resides with the surviving parent. 23
(3)(4) The person with whom the child resides. 24
If the clerk of court determines that no person entitled to file a petition pursuant to this 25
subsection is a fit or suitable individual, the clerk, upon the clerk's own motion, may appoint 26
another individual if the clerk determines that individual better represents the best interests of the 27
child as the representative. 28
(d) The child's allowance shall be exempt from any lien by judgment or execution against 29
the property of the decedent or any other claim made against or owed by the decedent's estate 30
except that the spouse's allowance under G.S. 30-15 shall take priority over any child's allowance. 31
A child's allowance shall only be awarded after the full spouse's allowance under G.S. 30-15 has 32
been awarded. 33
(e) A proceeding for a child's allowance shall be an estate proceeding governed by the 34
provisions of Article 2 of Chapter 28 of the General Statutes." 35
SECTION 4.3. G.S. 30-20 reads as rewritten: 36
"§ 30-20. Procedure for assignment; order of clerk. 37
(a) The clerk of court shall first ascertain if the surviving spouse is entitled to an 38
allowance according to the provisions of this Article, and, if so, enter an order setting forth the 39
personal property of the estate to be awarded to the surviving spouse. Once the spouse's 40
allowance has been awarded, the clerk of court shall next ascertain if any children of the decedent 41
are entitled to an allowance according to the provisions of this Article, and, if so, enter an order 42
setting forth the personal property of the estate to be awarded for the child's allowance. If a 43
personal representative has been appointed for the decedent's estate, the clerk of court shall 44
provide a copy of any order awarding an allowance to the personal representative of the 45
decedent's estate. 46
(b) If the personal property of the estate is insufficient to satisfy the allowances awarded, 47
the clerk of the superior court shall enter judgment against the decedent's estate for the amount 48
of the deficiency. If a personal representative has been appointed for the decedent's estate, the 49
deficiency shall be satisfied by the personal representative when a sufficiency of such assets shall 50
come into the possession of the personal representative. 51 General Assembly Of North Carolina Session 2025
Page 10 Senate Bill 309-First Edition
(c) The clerk of court may, on the clerk's own motion, determine that a hearing is 1
necessary to determine whether a year's allowance should be awarded pursuant to the provisions 2
of this Article and, if so, what personal property should be awarded. If the clerk of court makes 3
such a determination, the clerk shall direct the petitioner to commence a contested estate 4
proceeding pursuant to G.S. 30-23 in order to determine the year's allowance." 5
SECTION 4.4. G.S. 30-23.1 reads as rewritten: 6
"§ 30-23.1. Contested proceeding regarding allowance. 7
(a) If no contested estate proceeding under G.S. 30-20(c) was commenced by the 8
petitioner or by order of the clerk joining respondents to the proceeding to determine an award 9
of an allowance under this Article, any person with standing, including the personal 10
representative of the decedent's estate, may bring a proceeding to challenge the award of a spousal 11
allowance or a child's allowance, including, but not limited to, a proceeding to challenge the 12
validity of an award of a year's allowance, a proceeding to challenge the amount of a year's 13
allowance awarded, and a proceeding to challenge the assets awarded as part of a year's 14
allowance. If a contested estate proceeding was commenced under G.S. 30-20(c), by the 15
petitioner or by order of the clerk joining the respondents to the proceeding to determine an award 16
of an allowance under this Article, then any person with standing, including the personal 17
representative of the decedent's estate, who was not a party to the contested estate proceeding 18
may bring a proceeding in accordance with this section. 19
(b) Any proceeding to challenge the award of the allowance brought pursuant to this 20
section shall be conducted as an estate proceeding in accordance with the provisions of Article 2 21
of Chapter 28A of the General Statutes and must be brought within one year of the date the order 22
awarding the year's allowance was entered." 23
SECTION 4.5. G.S. 28A-25-6 reads as rewritten: 24
"§ 28A-25-6. Payment to clerk of money owed decedent. 25
(a) As an alternative to the small estate settlement procedures of this Article, any person 26
indebted to a decedent may satisfy such indebtedness by paying the amount of the debt to the 27
clerk of the superior court of the county of the domicile of the decedent if all of the following 28
conditions are met: 29
(1) No administrator has been appointed. 30
(2) Except as otherwise provided in G.S. 90-210.64(d), the amount owed by such 31
person does not exceed five thousand dollars ($5,000). 32
(3) Except as otherwise provided in G.S. 90-210.64(d), the sum tendered to the 33
clerk would not make the aggregate sum which has come into the clerk's hands 34
belonging to the decedent exceed five thousand dollars ($5,000). 35
(b) Such payments may not be made to the clerk if the total amount paid or tendered with 36
respect to any one decedent would exceed five thousand dollars ($5,000), even though 37
disbursements have been made so that the aggregate amount in the clerk's hands at any one time 38
would not exceed five thousand dollars ($5,000). 39
(c) If the sum tendered pursuant to this section would make the aggregate sum coming 40
into the clerk's hands with respect to any one decedent exceed five thousand dollars ($5,000) the 41
clerk shall appoint an administrator, or the sum may be administered under the preceding sections 42
of this Article. 43
(d) If it appears to the clerk after making a preliminary survey that disbursements 44
pursuant to this section would not exhaust funds received pursuant to this section, the clerk may, 45
in the clerk's discretion, appoint an administrator, or the funds may be administered under the 46
preceding sections of this Article. 47
(e) The receipt from the clerk of the superior court of a payment purporting to be made 48
pursuant to this section is a full release to the debtor for the payment so made. 49 General Assembly Of North Carolina Session 2025
Senate Bill 309-First Edition Page 11
(f) If no administrator has been appointed, the clerk of superior court shall, upon motion 1
of the clerk or upon the application of an interested party, disburse the money received under this 2
section for the following purposes and in the following order: 3
(1) To pay the surviving spouse's year's allowance and children's year's allowance 4
assigned in accordance with law.law, except that if (i) it has been greater than 5
six months since the date of death of the decedent and (ii) there has been no 6
petition filed and assignment of a spouse's or child's year's allowance, the clerk 7
may disburse the money received under this section in accordance with the 8
other provisions of this subsection. 9
(2), (3) Repealed by Session Laws 1981, c. 383, s. 3. 10
(4) All other claims shall be disbursed according to the order set out in 11
G.S. 28A-19-6. 12
Notwithstanding the foregoing provisions of this subsection, the clerk shall pay, out of funds 13
provided the deceased pursuant to G.S. 111-18 and Part 3 of Article 2 of Chapter 108A of the 14
General Statutes of North Carolina, Statutes, any lawful claims for care provided by an adult care 15
home to the deceased, incurred not more than 90 days prior to the deceased's death. After the 16
death of a spouse who died intestate the decedent and after the disbursements have been made in 17
accordance with this subsection, the balance in the clerk's hands belonging to the estate of the 18
decedent shall be paid to the surviving spouse, and if there is no surviving spouse, the clerk shall 19
pay it to the heirs or beneficiaries in proportion to their respective interests. 20
(g) The clerk shall not be required to publish notice to creditors. 21
(h) Whenever an administrator is appointed after a clerk of superior court has received 22
any money pursuant to this section, the clerk shall pay to the administrator all funds which have 23
not been disbursed. The clerk shall receive no commissions for payments made to the 24
administrator, and the administrator shall receive no commissions for receiving such payments." 25
SECTION 4.6. This Part becomes effective January 1, 2026, and applies to petitions 26
filed on or after that date. 27
28
PART V. EFFECTIVE DATE 29
SECTION 5.1. Except as otherwise provided in this act, this act is effective when it 30
becomes law. 31