by Courtney Rollins, the Durham Probate Expert
My mom and dad are wonderful people that I love dearly. My dad came into my life when I was around 3 years old. He shortly thereafter married my mom. They are a wonderful couple with a 18 year age difference! As they get older that age difference is more pronounced. Working in the field of probate has given me more insight and exposure to what can happen when a loved one passes away unexpectedly or without the much need safety nets in place for those behind them. This can be particularly taxing when the primary breadwinner is the one who passes away. In North Carolina there are provisions in place for a surviving spouse and dependent children if they find themselves in probate and in need of funds. There are also resources outside of the court that can be applied those in need of funds during probate. Let’s look at the allowance provided in these cases.
To apply for a year’s allowance an applicant must submit an Application And Assignment Year’s Allowance, AOC-E-100 with the clerk at anytime within a year of the decedent’s death. There will be an hearing on the application held by the clerk. The allowance granted will be entered on the application form by the clerk or magistrate. The allowance will be from cash or personal property or a combination of both, but does not include real estate. This allowance must be paid back as a priority claim prior to any other claims agains the estate. At this time, the amount of the spousal allowance is $20,000 for a surviving spouse if the decedent died on or before December 31, 2013, and $30,000 for a surviving spouse if the decedent died on or after January 1, 2014. An allowance of $5,000 may also be available for each surviving child of the decedent.
THE YEAR’S ALLOWANCE IS AVAILABLE IN THE FOLLOWING SITUATIONS…
➢The decedent resided in North Carolina and left a surviving spouse or eligible child
➢The decedent has personal property located in North Carolina and the surviving spouse is a North Carolina resident.
This filing cannot be used when:
• It has been more than twelve months since the date of death
• The decedent left no spouse and no child who would be eligible for the Allowance
STEPS FOR PROCESSING…
The following items must be presented to the Court for filing:
- Application and Assignment Year’s Allowance (AOC-E-100)
- Marriage Affidavit
- Family History Affidavit
- Supporting documents for the decedent’s personal property
- Original Will (if one exists)
- Death Certificate
PLEASE NOTE: A $20 filing fee is required for this application
There are probate cash advance services that will provide additional funds secured by the estate. These funds tend to be costly but may make a huge difference if the estate needs more funds during the probate process for things such as, hiring an attorney, or funding for rehab and repair for a property. Reach out to us at Estate Pro Service, LLC for additional information and support!