reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 1 - Rights of Spouse. › § 31A-1 - Acts barring rights of spouse.

§ 31A-1. Acts barring rights of spouse.
(a) The following persons shall lose the rights specified in subsection (b) of this section:
(1) A spouse from whom or by whom an absolute divorce or marriage annulment has been obtained or from whom a divorce from bed and board has been obtained; or
(2) A spouse who voluntarily separates from the other spouse and lives in adultery and such has not been condoned; or
(3) A spouse who wilfully and without just cause abandons and refuses to live with the other spouse and is not living with the other spouse at the time of such spouse's death; or
(4) A spouse who obtains a divorce the validity of which is not recognized under the laws of this State; or
(5) A spouse who knowingly contracts a bigamous marriage.
(b) The rights lost as specified in subsection (a) of this section shall be as follows:
(1) All rights of intestate succession in the estate of the other spouse;
(2) All right to claim or succeed to a homestead in the real property of the other spouse;
(3) All right to petition for an elective share of the estate of the other spouse and take either the elective intestate share provided or the life interest in lieu thereof;
(4) All right to any year's allowance in the personal property of the other spouse;
(5) All right to administer the estate of the other spouse; and
(6) Any rights or interests in the property of the other spouse which by a settlement before or after marriage were settled upon the offending spouse solely in consideration of the marriage.
(c) Any act specified in subsection (a) of this section may be pleaded in bar of any action or proceeding for the recovery of such rights, interests or estate as set forth in subsection (b) of this section.
(d) The spouse not at fault may sell and convey his or her real and personal property without the joinder of the other spouse, and thereby bar the other spouse of all right, title and interest therein in the following instances:
(1) During the continuance of a separation arising from a divorce from bed and board as specified in subsection (a)(1) of this section, or
(2) During the continuance of a separation arising from adultery as specified in subsection (a)(2) of this section, or during the continuance of a separation arising from an abandonment as specified in subsection (a)(3) of this section, or
(3) When a divorce is granted as specified in subsection (a)(4) of this section, or a bigamous marriage contracted as specified in subsection (a)(5) of this section. (1961, c. 210, s. 1; 1965, c. 850; 2000-178, s. 6.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 2 - Parents. › § 31A-2 - Acts barring rights of parents.

§ 31A-2. Acts barring rights of parents.
Any parent who has wilfully abandoned the care and maintenance of his or her child shall lose all right to intestate succession in any part of the child's estate and all right to administer the estate of the child, except –
(1) Where the abandoning parent resumed its care and maintenance at least one year prior to the death of the child and continued the same until its death; or
(2) Where a parent has been deprived of the custody of his or her child under an order of a court of competent jurisdiction and the parent has substantially complied with all orders of the court requiring contribution to the support of the child. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-3 - Definitions.

§ 31A-3. Definitions.
As used in this Article, unless the context otherwise requires, the term -
(1) "Decedent" means the person whose life is taken by the slayer as defined in subdivision (3) of this section.
(2) "Property" means any real or personal property and any right or interest therein.
(3) "Slayer" means any of the following:
a. A person who, by a court of competent jurisdiction, is convicted as a principal or accessory before the fact of the willful and unlawful killing of another person.
b. A person who has entered a plea of guilty in open court as a principal or accessory before the fact of the willful and unlawful killing of another person.
c. A person who, upon indictment or information as a principal or accessory before the fact of the willful and unlawful killing of another person, has tendered a plea of nolo contendere which was accepted by the court and judgment entered thereon.
d. A person who is found by a preponderance of the evidence in a civil action brought within two years after the death of the decedent to have willfully and unlawfully killed the decedent or procured the killing of the decedent. If a criminal proceeding is brought against the person to establish the person's guilt as a principal or accessory before the fact of the willful and unlawful killing of the decedent within two years after the death of the decedent, the civil action may be brought within 90 days after a final determination is made by a court of competent jurisdiction in that criminal proceeding or within the original two years after the death of the decedent, whichever is later. The burden of proof in the civil action is on the party seeking to establish that the killing was willful and unlawful for the purposes of this Article.
e. A juvenile who is adjudicated delinquent by reason of committing an act that, if committed by an adult, would make the adult a principal or accessory before the fact of the willful and unlawful killing of another person.
The term "slayer" does not include a person who is found not guilty by reason of insanity of being a principal or accessory before the fact of the willful and unlawful killing of another person. (1961, c. 210, s. 1; 2006-107, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-4 - Slayer barred from testate or intestate succession and other rights.

§ 31A-4. Slayer barred from testate or intestate succession and other rights.
The slayer shall be deemed to have died immediately prior to the death of the decedent and the following rules shall apply:
(1) The slayer shall not acquire any property or receive any benefit from the estate of the decedent by testate or intestate succession or by common law or statutory right as surviving spouse of the decedent.
(2) Where the decedent dies intestate as to property which would have passed to the slayer by intestate succession and the slayer has living issue who would have been entitled to an interest in the property if the slayer had predeceased the decedent, the property shall be distributed to such issue, per stirpes. If the slayer does not have such issue, then the property shall be distributed as though the slayer had predeceased the decedent.
(3) Where the decedent dies testate as to property which would have passed to the slayer pursuant to the will, the devolution of such property shall be governed by G.S. 31-42(a) notwithstanding the fact the slayer has not actually died before the decedent. (1961, c. 210, s. 1; 1999-296, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › §§ 31A-5: Recodified as G.S. 41-64(b) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.

§ 31A-5: Recodified as G.S. 41-64(b) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-6 - Survivorship property.

§ 31A-6. Survivorship property.
(a) Where the slayer and the decedent hold property with right of survivorship as joint tenants, joint owners, joint obligees, or otherwise, the following apply:
(1) The decedent's share passes immediately upon the decedent's death to the decedent's estate.
(2) The slayer's share shall be held by the slayer for life and at the slayer's death shall pass to the decedent's estate.
(b) Where three or more persons, including the slayer and the decedent, hold property with right of survivorship as joint tenants, joint owners, joint obligees, or otherwise, the following apply:
(1) The decedent's share is converted effective upon the decedent's death to that of a tenant in common and passes to the decedent's estate.
(2) The remaining persons, including the slayer, continue to hold their shares with right of survivorship.
(3) If the slayer becomes the final survivor, upon the slayer's death, the slayer's share, which includes the other shares that passed to the slayer as the final survivor, shall pass to the decedent's estate.
(c) During the slayer's lifetime, the slayer has the right to the income from the slayer's share, subject to the rights of the slayer's creditors.
(d) Nothing in this section prohibits a partitioning of the property pursuant to Chapter 46A of the General Statutes or severing the joint tenancy in any manner provided by law. Any share taken by the slayer by reason of partition or severance is subject to subdivision (3) of subsection (b) of this section. (1961, c. 210, s. 1; 2014-107, s. 1.1; 2020-23, s. 12.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-7 - Reversions and vested remainders.

§ 31A-7. Reversions and vested remainders.
(a) Where the slayer holds a reversion or vested remainder in property subject to a life estate in the decedent and the slayer would have obtained the right of present possession upon the death of the decedent, such property shall pass to the estate of the decedent during the period of the life expectancy of the decedent.
(b) Where the slayer holds a reversion or vested remainder in property subject to a life estate in a third person which is measured by the life of the decedent, such property shall remain in the possession of the third person during the period of the life expectancy of the decedent. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-8 - Contingent remainders and executory interests.

§ 31A-8. Contingent remainders and executory interests.
As to any contingent remainder or executory or other future interest held by the slayer subject to become vested in him or increased in any way for him upon the condition of the death of the decedent:
(1) If the interest would not have become vested or increased if he had predeceased the decedent, he shall be deemed to have so predeceased the decedent; but
(2) In any case, the interest shall not be vested or increased during the period of the life expectancy of the decedent. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-9 - Divesting of interests in property.

§ 31A-9. Divesting of interests in property.
Where the slayer holds any interest in property, whether vested or not, subject to be divested, diminished in any way or extinguished if the decedent survives him or lives to a certain age, such interest shall be held by the slayer during his lifetime or until the decedent would have reached such age but shall then pass as if the decedent had died immediately after the death of the slayer or the reaching of such age. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-10 - Powers of appointment and revocation.

§ 31A-10. Powers of appointment and revocation.
(a) As to any exercise in the will of the decedent of a power of appointment in favor of the slayer, the slayer shall be deemed to have predeceased the decedent and the slayer shall not acquire any property or receive any benefit by virtue of such appointment and the appointed property shall pass in accordance with the applicable lapse statute, if any.
(b) Property held either presently or in remainder by the slayer subject to be divested by the exercise by the decedent of a power of revocation or a general power of appointment shall pass to the estate of the decedent; and property so held by the slayer subject to be divested by the exercise by the decedent of a power of appointment to a particular person or persons or to a class of persons shall pass to such person or persons or in equal shares to the members of such class of persons, exclusive of the slayer. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-11 - Insurance benefits.

§ 31A-11. Insurance benefits.
(a) Insurance and annuity proceeds payable to the slayer:
(1) As the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or
(2) In any other manner payable to the slayer by virtue of his surviving the decedent, shall be paid to the person or persons who would have been entitled thereto as if the slayer had predeceased the decedent. If no alternate beneficiary is named, insurance and annuity proceeds shall be paid into the estate of the decedent.
(b) If the decedent is beneficiary or assignee of any policy or certificate of insurance on the life of the slayer, the proceeds shall be paid to the estate of the decedent upon the death of the slayer, unless the policy names some person other than the slayer or his estate as alternative beneficiary.
(c) Any insurance or annuity company making payment according to the terms of its policy or contract shall not be subjected to additional liability by the terms of this chapter if such payment or performance is made without notice of circumstances tending to bring it within the provisions of this Chapter. (1961, c. 210, s. 1; 1989, c. 485, s. 3.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-12 - Persons acquiring from slayer protected.

§ 31A-12. Persons acquiring from slayer protected.
The provisions of this Chapter shall not affect the right of any person who, before the interests of the slayer have been adjudicated, acquires from the slayer for adequate consideration property or an interest therein which the slayer would have received except for the terms of this Chapter, provided the same is acquired without notice of circumstances tending to bring it within the provisions of this Chapter; but all consideration received by the slayer shall be held by him in trust for the persons entitled to the property under the provisions of this Chapter, and the slayer shall also be liable both for any portion of such consideration which he may have dissipated, and for any difference between the actual value of the property and the amount of such consideration. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 3 - Willful and Unlawful Killing of Decedent. › § 31A-12.1 - Remedies to be exclusive.

§ 31A-12.1. Remedies to be exclusive.
This Article wholly supplants the common law rule preventing a person whose culpable negligence causes the death of a decedent from succeeding to any property passing by reason of the death of the decedent. (2006-107, s. 2.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 4 - General Provisions. › § 31A-13 - Record determining slayer admissible in evidence.

§ 31A-13. Record determining slayer admissible in evidence.
The record of the judicial proceeding in which the slayer was determined to be such, pursuant to G.S. 31A-3 of this Chapter, shall be admissible in evidence for or against a claimant of property in any civil action arising under this Chapter. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 4 - General Provisions. › § 31A-14 - Revised Simultaneous Death Act not applicable.

§ 31A-14. Revised Simultaneous Death Act not applicable.
The Revised Simultaneous Death Act, Article 24 of Chapter 28A of the General Statutes, shall not apply to cases governed by this Chapter. (1961, c. 210, s. 1; 1979, c. 107, s. 5; 2007-132, s. 4.)
2023 North Carolina General Statutes › Chapter 31A - Acts Barring Property Rights › Article 4 - General Provisions. › § 31A-15 - Chapter to be broadly construed.

§ 31A-15. Chapter to be broadly construed.
This Chapter shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this State that no person shall be allowed to profit by his own wrong. As to all acts specifically provided for in this Chapter, the rules, remedies, and procedures herein specified shall be exclusive, and as to all acts not specifically provided for in this Chapter, all rules, remedies, and procedures, if any, which now exist or hereafter may exist either by virtue of statute, or by virtue of the inherent powers of any court of competent jurisdiction, or otherwise, shall be applicable. (1961, c. 210, s. 1.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-1.1 - Right of fiduciary to renounce.

§ 31B-1.1. Right of fiduciary to renounce.
(a) Except as otherwise provided in the testamentary or nontestamentary instrument, a fiduciary under a testamentary or nontestamentary instrument may renounce, in whole or in part, fiduciary rights, privileges, powers, and immunities; however, a fiduciary may not renounce the personal rights exercisable by a beneficiary alone, unless the instrument creating the fiduciary relationship authorizes such a renunciation. The instrument of renunciation shall (i) identify the creator of the rights, powers, privileges, or immunities, (ii) describe any right, power, privilege, or immunity renounced, (iii) declare the renunciation and the extent thereof, and (iv) be signed and acknowledged by the fiduciary authorized to renounce.
(b) Except as provided in subsection (c) of this section and except to the extent a statute of this State expressly restricts or limits a fiduciary's right to renounce, a fiduciary acting in a fiduciary capacity may renounce the right of succession to any property or interest therein as permitted by this Chapter, even if the testamentary or nontestamentary instrument governing the fiduciary restricts or limits the right to renounce the fiduciary's right of succession to the property or interest therein.
(c) An attorney-in-fact for a principal acting under subsection (a) or subsection (b) of this section may renounce only if expressly authorized by the governing power of attorney. (1989, c. 684, s. 3; 2009-48, s. 2.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-1.2 - Right of fiduciary to institute a proceeding for review of renunciation.

§ 31B-1.2. Right of fiduciary to institute a proceeding for review of renunciation.
(a) Prior to renouncing, if a fiduciary so elects, the fiduciary may institute a proceeding by petition before the clerk of court for a determination as to whether a renunciation would be compatible with the fiduciary's duties. In the case of a trustee, commencement of the proceeding, jurisdiction, venue, parties, representation, and notice shall be governed by Chapter 36C of the General Statutes. In the case of a personal representative, commencement of the proceeding, jurisdiction, venue, parties, representation, and notice shall be governed by Chapter 28A of the General Statutes. In addition to any other notice requirements, notice of the proceeding shall be given to all persons entitled to delivery of a copy of an instrument of renunciation under G.S. 31B-2.1.
(b) After renouncing, if a fiduciary so elects, the fiduciary has a right to institute a declaratory judgment action pursuant to Article 26 of Chapter 1 of the General Statutes for a determination as to whether the renunciation is compatible with the fiduciary's duties. In addition to any other notice requirements, notice of the action shall be given to all persons entitled to delivery of a copy of an instrument of renunciation under G.S. 31B-2.1.
(c) A proceeding or action instituted under this section shall comply with all of the following:
(1) The petition or complaint shall state the basis for the fiduciary's allegation that the renunciation is compatible with the fiduciary's duties, considering among other things the intended purposes of the trust or other instrument and the impact of the renunciation on beneficiaries and potential beneficiaries. A petition or complaint filed by a trustee of a charitable trust shall contain a statement that a copy of the petition or complaint is being provided to the Attorney General.
(2) After considering among other things the intended purposes of the trust or other instrument and the impact of the renunciation on beneficiaries and potential beneficiaries, the court shall enter an order stating the court's determination as to whether the renunciation is compatible with the fiduciary's duties.
(d) The effectiveness of a renunciation is not affected by a determination under this section that the renunciation is not compatible with a fiduciary's duties. (2009-48, s. 3; 2011-344, s. 9.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-4 - Waiver and bar.

§ 31B-4. Waiver and bar.
(a) The right to renounce property or an interest therein is barred by:
(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor by the person authorized to renounce,
(2) A written waiver of the right to renounce, or
(3) Repealed by Session Laws 1998-148, s. 4.
(4) A sale of the property or interest under judicial sale made before the renunciation is effected.
(b) An instrument waiving or barring the right to renounce is binding upon the person waiving the right to renounce or the person barred from renouncing and all persons claiming through or under that person.
(c) A fiduciary's application for appointment or assumption of duties as fiduciary does not waive or bar the fiduciary's right to renounce a right, power, privilege, or immunity.
(d) No person shall be liable for distributing or disposing of property in reliance upon the terms of a renunciation that is invalid for the reason that the right of renunciation has been waived or barred, if the distribution or disposition is otherwise proper, and the person has no actual knowledge or record notice of the facts that constitute a waiver or bar to the right of renunciation.
(e) The right to renounce property or an interest in property pursuant to this Chapter is not barred by an acceptance of the property, interest, or benefit thereunder; provided, however, an acceptance of the property, interest, or benefit thereunder may preclude such renunciation from being a qualified renunciation for federal and State inheritance, estate, and gift tax purposes.
(f) An instrument waiving or barring the right to renounce an interest in real property is not effective as to persons protected under G.S. 47-18 or G.S. 47-20 until either (i) registered as provided in those sections or (ii) registered pursuant to a judicial sale proceeding as described in subdivision (4) of subsection (a) of this section in which the person renouncing is a party. The instrument of waiver or bar shall be indexed in the grantor's index under (i) the name of the transferor of the property or interest in the property or creator of the power or holder of the power and (ii) the name of the person whose renunciation is waived or barred. (1975, c. 371, s. 1; 1989, c. 684, s. 6; 1998-148, ss. 4, 5; 2000-140, s. 8; 2009-48, s. 7.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-4.1 - Tax qualified renunciation.

§ 31B-4.1. Tax qualified renunciation.
If, as a result of a renunciation, the renounced property is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the person whose property or interest is being renounced, then the renunciation is an effective renunciation, notwithstanding any other provision of this Chapter. This section does not preclude an action for breach of fiduciary duty. (2009-48, s. 8.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-5 - Exclusiveness of remedy.

§ 31B-5. Exclusiveness of remedy.
This Chapter does not exclude or abridge any other rights or procedures existing under any other statute or otherwise provided by law to waive, release, refuse to accept, disclaim or renounce property or an interest therein, or any fiduciary right, power, privilege, or immunity. (1975, c. 371, s. 1; 1989, c. 684, s. 7.)
2023 North Carolina General Statutes › Chapter 31B - Renunciation of Property and Renunciation of Fiduciary Powers Act › § 31B-7 - Short title.

§ 31B-7. Short title.
This Chapter may be cited as the Renunciation of Property and Renunciation of Fiduciary Powers Act. (1975, c. 371, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 11.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-1 - Application.

§ 31C-1. Application.
This Chapter applies to the disposition at death of the following property acquired by a married person:
(1) All personal property, wherever situated:
a. Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or
b. All or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or
c. Traceable to that community property;
(2) All or the proportionate part of any real property situated in this State which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-2 - Rebuttable presumptions.

§ 31C-2. Rebuttable presumptions.
In determining whether this Chapter applies to specific property the following rebuttable presumptions apply:
(1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which this Chapter applies; and
(2) Real property situated in this State and personal property wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this Chapter applies. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-3 - Disposition of community property upon death.

§ 31C-3. Disposition of community property upon death.
Upon death of a married person, one half of the property to which this Chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this State. One half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this State. With respect to property to which this Chapter applies, the one half of the property of the decedent is not subject to the surviving spouse's right to petition for an elective share under the provisions of Article 1A of Chapter 30, and is not subject to the right to elect a life estate under the provisions of Article 8 of Chapter 29. (1981, c. 882, s. 1; 2000-178, s. 7.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-4 - Perfection of title of surviving spouse.

§ 31C-4. Perfection of title of surviving spouse.
If the title to any property to which this Chapter applies was held by the decedent at the time of death, or by a trustee of a revocable inter vivos trust created by the decedent, title of the surviving spouse may be perfected by an order of the clerk of superior court who appointed the decedent's personal representative or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the said clerk. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this Chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-5 - Perfection of title of personal representative, heir or devisee; duty of personal representative.

§ 31C-5. Perfection of title of personal representative, heir or devisee; duty of personal representative.
If the title to any property to which this Chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this Chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-6 - Written demand.

§ 31C-6. Written demand.
(a) Written demand in this Chapter shall be made by a surviving spouse, the spouse's successor in interest, or the decedent's heirs or devisees not later than six months after the decedent's will has been admitted to probate, or not later than six months after the appointment of an administrator if there is no will, or not later than six months after the decedent's death if the property to which this Chapter applies is held in an inter vivos trust created by the decedent; and written demand by a creditor of the decedent shall be made within the period for presentation of a claim against the decedent's estate as set out in Article 19 of Chapter 28A.
(b) Written demand in this Chapter shall be delivered in person or by registered mail to the personal representative. As used in this Chapter, the personal representative may also mean the trustee of an inter vivos trust created by the decedent who has legal title to, or possession of, the property to which this Chapter applies. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-7 - Purchaser for value or lender.

§ 31C-7. Purchaser for value or lender.
(a) If a surviving spouse has apparent title to property to which this Chapter applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
(b) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this Chapter applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.
(c) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.
(d) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-9 - Severing or altering of married persons.

§ 31C-9. Severing or altering of married persons.
This Chapter does not prevent married persons from severing or altering their interests in property to which this Chapter applies. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-10 - Limitations on testamentary disposition.

§ 31C-10. Limitations on testamentary disposition.
This Chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31C - Uniform Disposition of Community Property Rights at Death Act › § 31C-11 - Uniformity of application and construction.

§ 31C-11. Uniformity of application and construction.
This Chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among those states which enact it. (1981, c. 882, s. 1.)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 1 - General Provisions and Definitions. › § 31D-1-103 - Governing law.

§ 31D-1-103. Governing law.
(a) The creation, revocation, or amendment of the power of appointment is governed by either of the following:
(1) The law of the jurisdiction designated in the terms of the instrument creating the power.
(2) If no jurisdiction's law is designated in the terms of the instrument creating the power or if the jurisdiction's law so designated is contrary to a strong public policy of the law of the jurisdiction of the donor's domicile at the relevant time, then the law of the jurisdiction of the donor's domicile at the relevant time.
(b) The exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power, is governed by either of the following:
(1) The law of the jurisdiction designated in the terms of the instrument creating the power.
(2) If no jurisdiction's law is designated in the terms of the instrument creating the power or if the jurisdiction's law so designated is contrary to a strong public policy of the law of the jurisdiction of the power holder's domicile at the relevant time, then the law of the jurisdiction of the power holder's domicile at the relevant time. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 1 - General Provisions and Definitions. › § 31D-1-104 - Common law and principles of equity.

§ 31D-1-104. Common law and principles of equity.
The common law and principles of equity supplement this Chapter, except to the extent modified by this Chapter or another statute of this State. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-201 - Creation of power of appointment.

§ 31D-2-201. Creation of power of appointment.
(a) A power of appointment is created only if all of the following apply:
(1) The instrument creating the power is valid under applicable law.
(2) Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.
(3) The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
(b) Repealed by Session Laws 2021-53, s. 4.1, effective June 25, 2021.
(c) A power of appointment may not be created in a deceased individual.
(d) Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder. (2015-205, s. 3(a); 2021-53, s. 4.1.)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-202 - Nontransferability.

§ 31D-2-202. Nontransferability.
A power holder may not transfer a power of appointment. If a power holder dies without exercising or releasing a power, the power lapses. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-203 - Presumption of unlimited authority.

§ 31D-2-203. Presumption of unlimited authority.
Subject to the provisions of G.S. 31D-2-205, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is all of the following:
(1) Presently exercisable.
(2) Exclusionary.
(3) Except as otherwise provided in G.S. 31D-2-204, general. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-204 - Exception to presumption of unlimited authority.

§ 31D-2-204. Exception to presumption of unlimited authority.
Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if both of the following apply:
(1) The power is exercisable only at the power holder's death.
(2) The permissible appointees of the power are a defined and limited class that does not include the power holder's estate, the power holder's creditors, or the creditors of the power holder's estate. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-205 - Rules of classification.

§ 31D-2-205. Rules of classification.
(a) In this section, the term "adverse party" means a person with a substantial beneficial interest in property who would be affected adversely by a power holder's exercise or nonexercise of a power of appointment in favor of the power holder, the power holder's estate, a creditor of the power holder, or a creditor of the power holder's estate.
(b) If a power holder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
(c) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 2 - Creation, Revocation, and Amendment of Power of Appointment. › § 31D-2-206 - Power to revoke or amend.

§ 31D-2-206. Power to revoke or amend.
A donor may revoke or amend a power of appointment only to the extent that either of the following apply:
(1) The instrument creating the power is revocable by the donor.
(2) The donor reserves a power of revocation or amendment in the instrument creating the power of appointment. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-301 - Requisites for exercise of power of appointment.

§ 31D-3-301. Requisites for exercise of power of appointment.
A power of appointment is exercised only to the extent that the appointment is a permissible exercise of the power, and only if all of the following apply:
(1) The instrument exercising the power is valid under applicable law.
(2) The terms of the instrument exercising the power manifest the power holder's intent to exercise the power.
(3) Subject to the provisions of G.S. 31D-3-304, the terms of the instrument exercising the power satisfy the requirements of exercise, if any, imposed by the donor. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-302 - Intent to exercise; determining intent from residuary clause.

§ 31D-3-302. Intent to exercise; determining intent from residuary clause.
A residuary clause that does not contain a blanket-exercisable clause or specific-exercise clause manifests the power holder's intent to exercise a power of appointment only if all of the following apply:
(1) The terms of the instrument containing the residuary clause (including any valid codicil or amendment to the instrument) do not manifest a contrary intent.
(2) The power is a general power exercisable in favor of the power holder's estate.
(3) There is no gift-in-default clause or the clause is ineffective.
(4) The power holder did not release the power. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-303 - Intent to exercise after-acquired power.

§ 31D-3-303. Intent to exercise after-acquired power.
Unless the terms of an instrument exercising a power of appointment manifest a contrary intent:
(1) If the power holder is not also the donor of the power, a blanket-exercise clause in the instrument extends to a power acquired by the power holder after executing the instrument containing the clause.
(2) If the power holder is also the donor of the power, the blanket-exercise clause extends to the power acquired by the power holder after executing the instrument only if there is no gift-in-default clause or the gift-in-default clause is ineffective. The blanket-exercise clause does not extend to the power if there is a gift-in-default clause that is effective. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-304 - Substantial compliance with donor-imposed formal requirement.

§ 31D-3-304. Substantial compliance with donor-imposed formal requirement.
A power holder's substantial compliance with a formal requirement of appointment imposed by the donor, including a requirement that the instrument exercising the power of appointment make reference or specific reference to the power, is sufficient if both of the following apply:
(1) The power holder knows of and intends to exercise the power.
(2) The power holder's manner of attempted exercise of the power does not impair a material purpose of the donor in imposing the requirement. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-305 - Permissible appointment.

§ 31D-3-305. Permissible appointment.
(a) If a power holder of a general power of appointment permits appointment to the power holder or the power holder's estate, the power holder may make any appointment, including an appointment in trust or an appointment that creates a new power of appointment that the power holder could make in disposing of the power holder's own property.
(b) If a power holder of a general power of appointment permits appointment only to the creditors of the power holder or the creditors of the power holder's estate, or both, the power holder may appoint only to those creditors.
(c) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power holder of a nongeneral power may:
(1) Make an appointment in any form, including an appointment in trust, in favor of a permissible appointee.
(2) Create a general power in a permissible appointee.
(3) Create a nongeneral power in any person to appoint to one or more of the permissible appointees of the original nongeneral power.
(4) Create a nongeneral power in a permissible appointee to appoint to one or more persons if the permissible appointees of the new nongeneral power include one or more permissible appointees of the original nongeneral power. (2015-205, s. 3(a); 2021-53, s. 4.2.)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-307 - Impermissible appointment.

§ 31D-3-307. Impermissible appointment.
(a) An exercise of a power of appointment in favor of an impermissible appointee is ineffective.
(b) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent that the appointment is a fraud on the power. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-308 - Selective allocation doctrine.

§ 31D-3-308. Selective allocation doctrine.
If a power holder exercises a power of appointment in a disposition that also disposes of property the power holder owns, the owned property and the appointive property must be allocated in the permissible manner that best carries out the power holder's intent. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-309 - Capture doctrine; disposition of ineffectively appointed property under general power.

§ 31D-3-309. Capture doctrine; disposition of ineffectively appointed property under general power.
To the extent a power holder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(1) The gift-in-default clause controls the disposition of the ineffectively appointed property.
(2) If there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property passes as follows:
a. To the power holder if the power holder is a permissible appointee and living.
b. If the power holder is an impermissible appointee or deceased, to the power holder's estate if the estate is a permissible appointee.
c. If the power holder is an impermissible appointee or deceased and if the estate is not a permissible appointee, under a reversionary interest to the donor or the donor's transferee or successor in interest. (2015-205, s. 3(a).)
2023 North Carolina General Statutes › Chapter 31D - North Carolina Uniform Powers of Appointment Act › Article 3 - Exercise of Power of Appointment. › § 31D-3-310 - Disposition of unappointed property under released or unexercised general power.

§ 31D-3-310. Disposition of unappointed property under released or unexercised general power.
(a) To the extent that a power holder releases a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, the gift-in-default clause controls the disposition of the unappointed property. If there is no gift-in-default clause or to the extent that the clause is ineffective, the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
(b) To the extent a power holder fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust, the gift-in-default clause controls the disposition of the unappointed property. If there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property passes as follows:
(1) To the power holder if the power holder is a permissible appointee and living.
(2) If the power holder is an impermissible appointee or deceased, to the power holder's estate if the estate is a permissible appointee.
(3) If the power holder is an impermissible appointee or deceased and if the estate is not a permissible appointee, under a reversionary interest to the donor or the donor's transferee or successor in interest. (2015-205, s. 3(a).)