§ 29-14. Share of surviving spouse. - North Carolina Statutes

§ 29‑14.  Share ofsurviving spouse.

(a)        Real Property. –The share of the surviving spouse in the real property is:

(1)        If the intestate issurvived by only one child or by any lineal descendant of only one deceasedchild, a one‑half undivided interest in the real property;

(2)        If the intestate issurvived by two or more children, or by one child and any lineal descendant ofone or more deceased children or by lineal descendants of two or more deceasedchildren, a one‑third undivided interest in the real property;

(3)        If the intestate isnot survived by a child, children or any lineal descendant of a deceased childor children, but is survived by one or more parents, a one‑half undividedinterest in the real property;

(4)        If the intestate isnot survived by a child, children or any lineal descendant of a deceased childor children, or by a parent, all the real property.

(b)        Personal Property.– The share of the surviving spouse in the personal property is:

(1)        If the intestate issurvived by only one child or by any lineal descendant of only one deceasedchild, and the net personal property does not exceed thirty thousand dollars($30,000) in value, all of the personal property; if the net personal propertyexceeds thirty thousand dollars ($30,000) in value, the sum of thirty thousanddollars ($30,000) plus one half of the balance of the personal property;

(2)        If the intestate issurvived by two or more children, or by one child and any lineal descendant ofone or more deceased children, or by lineal descendants of two or more deceasedchildren, and the net personal property does not exceed thirty thousand dollars($30,000) in value, all of the personal property; if the net personal propertyexceeds thirty thousand dollars ($30,000) in value, the sum of thirty thousanddollars ($30,000) plus one third of the balance of the personal property;

(3)        If the intestate isnot survived by a child, children, or any lineal descendant of a deceased childor children, but is survived by one or more parents, and the net personalproperty does not exceed fifty thousand dollars ($50,000) in value, all of thepersonal property; if the net personal property exceeds fifty thousand dollars($50,000) in value, the sum of fifty thousand dollars ($50,000) plus one halfof the balance of the personal property;

(4)        If the intestate isnot survived by a child, children, or any lineal descendant of a deceased childor children, or by a parent, all of the personal property.

(c)        When an equitabledistribution of property is awarded to the surviving spouse pursuant to G.S. 50‑20subsequent to the death of the decedent, the share of the surviving spousedetermined under subsections (a) and (b) of this section shall be firstdetermined as though no property had been awarded to the surviving spousepursuant to G.S. 50‑20 subsequent to the death of the decedent, and thenreduced by the net value of the marital estate awarded to the surviving spousepursuant to G.S. 50‑20 subsequent to the death of the decedent. (1959, c. 879, s. 1; 1979, c.186, s. 1; 1981, c. 69; 1995, c. 262, s. 3; 2001‑364, s. 6.)