reglab/housing_qa huggingface dataset:
NC Gen Stat § 30-15 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-15 - When spouse entitled to allowance.

 30-15. When spouse entitled to allowance.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.  (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; 2009-183, s. 1; 2011-344, s. 7; 2013-81, s. 1; 2018-40, s. 9.1; 2019-113, s. 3.)
NC Gen Stat § 30-16 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-16 - Duty of personal representative, magistrate, or clerk to assign allowance.

 30-16. Duty of personal representative, magistrate, or clerk to assign allowance.It shall be the duty of every administrator, collector, or executor of a will, on application in writing, signed by the surviving spouse, at any time within one year after the death of the deceased spouse, to assign to the surviving spouse the year's allowance as provided in this Article.If there shall be no administration, or if the personal representative shall fail or refuse to apply to a magistrate or clerk of court, as provided in G.S. 30-20, for 10 days after the surviving spouse has filed the aforesaid application, or if the surviving spouse is the personal representative, the surviving spouse may make application to the magistrate or clerk, and it shall be the duty of the magistrate or clerk to proceed in the same manner as though the application had been made by the personal representative.Where any personal property of the deceased spouse shall be located outside the township or county where the deceased spouse resided at the time of the deceased spouse's death, the personal representative or the surviving spouse may apply to any magistrate or to any clerk of court of any township or county where such personal property is located, and it shall be the duty of such magistrate or clerk to assign the year's allowance as if the deceased spouse had resided and died in that township.  (1868-9, c. 93, s. 12; 1870-1, c. 263; Code, ss. 2120, 2122; 1889, cc. 496, 531; 1891, c. 13; Rev., ss. 3096, 3098; C.S., ss. 4113, 4115; 1961, c. 749, s. 2; 1971, c. 528, s. 21; 1997-310, s. 1; 2011-344, s. 7.)
NC Gen Stat § 30-18 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-18 - From what property allowance assigned.

 30-18. From what property allowance assigned.Such allowance shall be made in money or other personal property of the estate of the deceased spouse. (1868-9, c. 93, s. 9; Code, s. 2117; Rev., s. 3095; C.S., s. 4112; 1925, c. 92; 1961, c. 749, s. 4.)
NC Gen Stat § 30-19 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-19 - Value of property ascertained.

 30-19. Value of property ascertained.The value of the personal property assigned to the surviving spouse and children shall be ascertained by a magistrate or the clerk of court of the county in which administration was granted or the will probated. (1868-9, c. 93, s. 13; Code, s. 2121; Rev., s. 3097; C.S., s. 4114; 1961, c. 749, s. 5; 1971, c. 528, s. 22; 1989, c. 11, s. 1; 1997-310, s. 3.)
NC Gen Stat § 30-20 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-20 - Procedure for assignment.

 30-20. Procedure for assignment.Upon the application of the surviving spouse, a child by the child's guardian or next friend, or the personal representative of the deceased, the clerk of superior court of the county in which the deceased resided may assign the inquiry to a magistrate of the county. The clerk of court, or magistrate upon assignment, shall ascertain the person or persons entitled to an allowance according to the provisions of this Article, and determine the money or other personal property of the estate, and pay over to or assign to the surviving spouse and to the children, if any, so much thereof as they shall be entitled to as provided in this Article. Any deficiencies shall be made up from any of the personal property of the deceased, and if the personal property of the estate shall be insufficient to satisfy the allowance, the clerk of the superior court shall enter judgment against the personal representative for the amount of the deficiency, to be paid when a sufficiency of such assets shall come into the personal representative's hands.  (1870-1, c. 263; Code, s. 2122; 1891, c. 13; 1899, c. 531; Rev., s. 3098; C.S., s. 4115; 1961, c. 749, s. 6; 1971, c. 528, s. 23; 1989, c. 11, s. 2; 1997-310, s. 3; 2011-344, s. 7; 2012-71, s. 2(b).)
NC Gen Stat § 30-21 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-21 - Report of clerk or magistrate.

 30-21. Report of clerk or magistrate.The clerk of court, or magistrate upon assignment, shall make and sign three lists of the money or other personal property assigned to each person, stating their quantity and value, and the deficiency to be paid by the personal representative. Where the allowance is to the surviving spouse, one of these lists shall be delivered to the surviving spouse. Where the allowance is to a child, one of these lists shall be delivered to the surviving parent with whom the child is living; or to the child's guardian or next friend if the child is not living with the surviving parent; or to the child if the child is not living with the surviving parent and has no guardian or next friend. One list shall be delivered to the personal representative. One list shall be returned by the magistrate or clerk, within 20 days after the assignment, to the superior court of the county in which administration was granted or the will probated, and the clerk shall file and record the list, together with any judgment entered pursuant to G.S. 30-20.  (1868-9, c. 93, s. 15; Code, s. 2123; Rev., s. 3099; C.S., s. 4116; 1961, c. 749, s. 7; 1971, c. 528, s. 24; 1989, c. 11, s. 3; 1997-310, s. 3; 2011-344, s. 7; 2012-71, s. 2(c).)
NC Gen Stat § 30-23 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-23 - Right of appeal.

 30-23. Right of appeal.The personal representative, or the surviving spouse, or child by a the child's guardian or next friend, or any creditor, devisee, or heir of the deceased, may appeal from the finding of the magistrate or clerk of court to the superior court of the county, by filing a copy of the assignment and a notice of appeal within 10 days after the assignment, and the appeal shall be heard as provided in G.S. 1-301.2, provided that the hearing on the appeal shall be at the next available session of superior court.  (1868-9, c. 93, s. 16; Code, s. 2124; 1897, c. 442; Rev., s. 3100; C.S., s. 4117; 1961, c. 749, s. 9; 1989, c. 11, s. 4; 1997-310, s. 3; 2011-284, s. 23; 2011-344, s. 7; 2012-71, s. 2(d).)
NC Gen Stat § 30-25 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-25 - Personal representative entitled to credit.

 30-25. Personal representative entitled to credit.Upon the settlement of the accounts of the personal representative, the personal representative shall be credited with the articles assigned, and the value of the deficiency assessed as aforesaid, if the same shall have been paid, unless the allowance be impeached for fraud or gross negligence in him.  (1868-9, c. 93, s. 18; Code, s. 2126; Rev., s. 3102; C.S., s. 4119; 1997, c. 310, s. 3; 2011-344, s. 7.)
NC Gen Stat § 30-27 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-27 - Surviving spouse or child may apply to superior court.

 30-27. Surviving spouse or child may apply to superior court.In addition to any support otherwise assigned to the surviving spouse or child under this Article, without application to the personal representative, the surviving spouse, or the child through the child's guardian or next friend may, after the date specified in the general notice to creditors as provided for in G.S. 28A-14-1(a), and within one year after the decedent's death, apply to the superior court of the county in which administration was granted or the will probated to have a year's support assigned at an amount other than prescribed in G.S. 30-15 and G.S. 30-17.  (1868-9, c. 93, s. 20; Code, s. 2128; Rev., s. 3104; C.S., s. 4121; 1961, c. 749, s. 11; 2011-344, s. 7; 2012-71, s. 2(e).)
NC Gen Stat § 30-28 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-28 - Nature of proceeding; parties.

 30-28. Nature of proceeding; parties.The application shall be by petition in a special proceeding before the clerk of superior court. The personal representative of the deceased, if there is one other than the petitioner, all known creditors, and all known heirs of the deceased, if the deceased is intestate, and devisees of the deceased, if the deceased is testate, shall be made parties to the special proceeding. If the personal representative of the deceased is aware of a creditor, heir, or devisee who should have been made a respondent but was not, then the personal representative shall file a motion to add the creditor, heir, or devisee as a necessary party, and the court shall order such other party to appear in the proceeding.devisee  (1868-9, c. 93, s. 21; Code, s. 2129; Rev., s. 3105; C.S., s. 4122; 2011-284, s. 24; 2011-344, s. 7.)
NC Gen Stat § 30-29 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-29 - What petition must show.

 30-29. What petition must show.In the petition the petitioner shall set forth, besides the facts entitling petitioner to a year's support and the value of the support claimed, the further facts that the personal estate of which the decedent died possessed exceeded sixty thousand dollars ($60,000) and also whether or not an allowance has been made to petitioner and the nature and value thereof.  (1868-9, c. 93, s. 22; Code, s. 2130; Rev., s. 3106; C.S., s. 4123; 1961, c. 749, s. 12; 1981, c. 413, s. 4; 1995, c. 262, s. 7; 2009-183, s. 3; 2011-344, s. 7; 2013-81, s. 2; 2019-243, s. 24.)
NC Gen Stat § 30-30 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-30 - Judgment.

 30-30. Judgment.The clerk of superior court shall hear the matter and determine whether the petitioner is entitled to some or all of the relief sought and, if the clerk determines that the petitioner is so entitled, the clerk shall determine the money or other personal property of the estate and assign to the petitioner a sufficiency thereof for petitioner's support for one year from the decedent's death. Any deficiency shall be made up from any of the personal property of the deceased, and if the personal property of the estate shall be insufficient for such support, the clerk of superior court shall enter judgment against the personal representative for the amount of such deficiency, to be paid when a sufficiency of such assets shall come into the personal representative's hands. Any judgment so rendered shall have the same priority over other debts and claims against the estate as an allowance assigned pursuant to G.S. 30-15 or G.S. 30-17.  (1868-9, c. 93, s. 23; Code, s. 2131; Rev., s. 3107; C.S., s. 4124; 1961, c. 749, s. 13; 1971, c. 528, s. 26; 2011-344, s. 7; 2012-194, s. 14.)
NC Gen Stat § 30-31 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-31 - Amount of allowance.

 30-31. Amount of allowance.The clerk of superior court may assign to the petitioner a value sufficient for the support of petitioner according to the estate and condition of the decedent and without regard to the limitations set forth in this Chapter; but the value allowed shall be fixed with due consideration for other persons entitled to allowances for year's support from the decedent's estate; and the total value of all allowances shall not in any case exceed the one half of the average annual net income of the deceased for three years next preceding the deceased's death. Attorneys' fees and costs awarded the petitioner under G.S. 6-21 shall be paid as an administrative expense of the estate.  (1868-9, c. 93, s. 24; Code, s. 2132; Rev., s. 3108; C.S., s. 4125; 1971, c. 528, s. 27; 2011-344, s. 7; 2012-18, s. 3.10; 2013-91, s. 1(e).)
NC Gen Stat § 30-31.1 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-31.1 - Service of judgment and appeal.

 30-31.1. Service of judgment and appeal.The petitioner shall serve the clerk's judgment on all other parties. The judgment also shall be filed in the estate file of the deceased. Any aggrieved party may appeal the judgment in accordance with G.S. 1-301.2.  (2011-344, s. 7.)
NC Gen Stat § 30-31.2 (2021)
2021 North Carolina General Statutes|Chapter 30 - Surviving Spouses|Article 4 - Year's Allowance.|§ 30-31.2 - Execution.

 30-31.2. Execution.If the clerk's judgment is not appealed as provided in G.S. 1-301.2, execution shall issue to enforce the judgment as in like cases under Article 28 of Chapter 1 of the General Statutes.  (2011-344, s. 7.)
NC Gen Stat § 31-1 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-1 - Who may make will.

 31-1. Who may make will.Any person of sound mind, and 18 years of age or over, may make a will. (1811, c. 280; R.C., c. 119, s. 2; Code, s. 2137; Rev., s. 3111; C.S., s. 4128; 1953, c. 1098, s. 1; 1965, c. 303; 1969, c. 39.)
NC Gen Stat § 31-3 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3 - Rewritten and renumbered as G.S. 31-3.1 to 31-3.6 by Session Laws 1953, c. 1098, s. 2.

 31-3: Rewritten and renumbered as G.S. 31-3.1 to 31-3.6 by Session Laws 1953, c. 1098, s. 2.
NC Gen Stat § 31-3.1 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.1 - Will invalid unless statutory requirements complied with.

 31-3.1. Will invalid unless statutory requirements complied with.No will is valid unless it complies with the requirements prescribed therefor by this Article. (1953, c. 1098, s. 2.)
NC Gen Stat § 31-3.2 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.2 - Kinds of wills.

 31-3.2. Kinds of wills.(a) Personal property and real property may be devised by(1) An attested written will which complies with the requirements of G.S. 31-3.3, or(2) A holographic will which complies with the requirements of G.S. 31-3.4.(b) Personal property may also be devised by a nuncupative will which complies with the requirements of G.S. 31-3.5.  (1953, c. 1098, s. 2; 2011-284, s. 26.)
NC Gen Stat § 31-3.3 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.3 - Attested written will.

 31-3.3. Attested written will.(a) An attested written will is a written will signed by the testator and attested by at least two competent witnesses as provided by this section.(b) The testator must, with intent to sign the will, do so by actually signing the will or by having someone else in the testator's presence and at the testator's direction sign the testator's name thereon.(c) The testator must signify to the attesting witnesses that the instrument is the testator's instrument by signing it in their presence or by acknowledging to them the testator's signature previously affixed thereto, either of which may be done before the attesting witnesses separately.(d) The attesting witnesses must sign the will in the presence of the testator but need not sign in the presence of each other.  (1953, c. 1098, s. 2; 2011-344, s. 8.)
NC Gen Stat § 31-3.4 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.4 - Holographic will.

 31-3.4. Holographic will.(a) A holographic will is a will that meets all of the following requirements:(1) Written entirely in the handwriting of the testator but when all the words appearing on a paper in the handwriting of the testator are sufficient to constitute a valid holographic will, the fact that other words or printed matter appear thereon not in the handwriting of the testator, and not affecting the meaning of the words in the handwriting, does not affect the validity of the will.(2) Subscribed by the testator, or with the testator's name written in or on the will in the testator's own handwriting.(3) Repealed by Session Laws 2021-85, s. 1(b), effective July 8, 2021, and applicable to estates of decedents dying on or after that date.(b) No attesting witness to a holographic will is required.  (1953, c. 1098, s. 2; 1955, c. 73, s. 1; 2011-344, s. 8; 2021-85, s. 1(b).)
NC Gen Stat § 31-3.5 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.5 - Nuncupative will.

 31-3.5. Nuncupative will.A nuncupative will is a will(1) Made orally by a person who is in that person's last sickness or in imminent peril of death and who does not survive such sickness or imminent peril, and(2) Declared to be that person's will before two competent witnesses simultaneously present at the making thereof and specially requested by the person to bear witness thereto.  (1953, c. 1098, s. 2; 2011-344, s. 8.)
NC Gen Stat § 31-3.6 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 1 - Execution of Will.|§ 31-3.6 - Seal not required.

 31-3.6. Seal not required.A seal is not necessary to the validity of a will. (1953, c. 1098, s. 2.)
NC Gen Stat § 31-5 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5 - Rewritten and renumbered as G.S. 31-5.1 by Session Laws 1953, c. 1098, s. 3.

 31-5: Rewritten and renumbered as G.S. 31-5.1 by Session Laws 1953, c. 1098, s. 3.
NC Gen Stat § 31-5.1 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5.1 - Revocation of written will.

 31-5.1. Revocation of written will.A written will, or any part thereof, may be revoked only(1) By a subsequent written will or codicil or other revocatory writing executed in the manner provided herein for the execution of written wills, or(2) By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the testator himself or by another person in the testator's presence and by the testator's direction.  (1784, c. 204, s. 14; 1819, c. 1004, ss. 1, 2; 1840, c. 62; R.C., c. 119, s. 22; Code, s. 2176; Rev., s. 3115; C.S., s. 4133; 1945, c. 140; 1953, c. 1098, s. 3; 2011-344, s. 8.)
NC Gen Stat § 31-5.2 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5.2 - Revocation of nuncupative will.

 31-5.2. Revocation of nuncupative will.A nuncupative will or any part thereof may be revoked(1) By a subsequent nuncupative will, or(2) By a subsequent written will or codicil or other revocatory writing executed in the manner provided herein for the execution of written wills. (1953, c. 1098, s. 4.)
NC Gen Stat § 31-5.3 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5.3 - Will not revoked by marriage; dissent from will made prior to marriage.

 31-5.3. Will not revoked by marriage; dissent from will made prior to marriage.A will is not revoked by a subsequent marriage of the maker; and the surviving spouse may petition for an elective share when there is a will made prior to the marriage in the same manner, upon the same conditions, and to the same extent, as a surviving spouse may petition for an elective share when there is a will made subsequent to marriage. (1844, c. 88, s. 10; R.C., c. 119, s. 23; Code, s. 2177; Rev., s. 3116; C.S., s. 4134; 1947, c. 110; 1953, c. 1098, s. 5; 1967, c. 128; 2000-178, s. 5.)
NC Gen Stat § 31-5.4 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5.4 - Revocation by divorce or annulment; revival.

 31-5.4. Revocation by divorce or annulment; revival.Dissolution of marriage by absolute divorce or annulment after making a will does not revoke the will of any testator but, unless otherwise specifically provided in the will, it revokes all provisions in the will in favor of the testator's former spouse or purported former spouse, including, but not by way of limitation, any provision conferring a general or special power of appointment on the former spouse or purported former spouse and any appointment of the former spouse or purported former spouse as executor, trustee, conservator, or guardian. If provisions are revoked solely by this section, they are revived by the testator's remarriage to the former spouse or purported former spouse. (1953, c. 1098, s. 6; 1977, c. 74, s. 3; 1991, c. 587, s. 1.)
NC Gen Stat § 31-5.5 (2021)
2021 North Carolina General Statutes|Chapter 31 - Wills|Article 2 - Revocation of Will.|§ 31-5.5 - After-born or after-adopted child; children born out of wedlock; effect on will.

 31-5.5. After-born or after-adopted child; children born out of wedlock; effect on will.(a) A will shall not be revoked by the subsequent birth of a child to the testator, or by the subsequent adoption of a child by the testator, or by the subsequent entitlement of an after-born child born out of wedlock to take as an heir of the testator pursuant to the provisions of G.S. 29-19(b), but any after-born, after-adopted or entitled after-born child born out of wedlock shall have the right to share in the testator's estate to the same extent the after-born, after-adopted, or entitled after-born child born out of wedlock would have shared if the testator had died intestate unless:(1) The testator made some provision in the will for the child, whether adequate or not;(2) It is apparent from the will itself that the testator intentionally did not make specific provision therein for the child;(3) The testator had children living when the will was executed, and none of the testator's children actually take under the will;(4) The surviving spouse receives all of the estate under the will; or(5) The testator made provision for the child that takes effect upon the death of the testator, whether adequate or not.(b) The provisions of G.S. 28A-22-2 shall be construed as being applicable to after-adopted children and to after-born children, whether legitimate or entitled children born out of wedlock.(c) The terms "after-born," "after-adopted" and "entitled after-born" as used in this section refer to children born, adopted or entitled subsequent to the execution of the will.  (1868-9, c. 113, s. 62; Code, s. 2145; Rev., s. 3145; C.S., s. 4169; 1953, c. 1098, s. 7; 1955, c. 541; 1973, c. 1062, s. 2; 1985, c. 689, s. 9; 1995, c. 161, s. 1; 1997-456, s. 55.8; 2011-344, s. 8; 2013-198, s. 14.)