Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless the surviving spouse has forfeited the surviving spouse's right thereto, as provided by law, be entitled, out of the personal property of the deceased spouse, to an allowance of the value of sixty thousand dollars ($60,000) for the surviving spouse's support for one year after the death of the deceased spouse. The surviving spouse may claim the allowance if, at the death of the decedent, either the decedent or the surviving spouse was a resident of this State. Such allowance shall be exempt from any lien, by judgment or execution, acquired against the property of the deceased spouse, and shall, in cases of testacy, be charged against the share of the surviving spouse.
Amended by 2019 N.C. Sess. Laws 113,s. 3, eff. 7/11/2019.
Amended by 2018 N.C. Sess. Laws 40,s. 9.1, eff. 1/1/2019.
Amended by 2013 N.C. Sess. Laws 81,s. 1, eff. 1/1/2014.
Amended by 2011 N.C. Sess. Laws 344,s. 7, eff. 1/1/2012.
Amended by 2009 N.C. Sess. Laws 183,s. 1, eff. 1/1/2010.
1868-9, c. 93, s. 81; 1871-2, c. 193, s. 44; 1880, c. 42; Code, s. 2116; 1889, c. 499, s. 2; Rev., s. 3091; C.S., s. 4108; 1953, c. 913, s. 1; 1961, c. 316, s. 1; c. 749, s. 1; 1969, c. 14; 1981, c. 413, s. 1; 1995, c. 262, s. 4; 2000-178, s. 4.