§ 30-16. Duty of personal representative, magistrate, or clerk to assign allowance. - North Carolina Statutes

§30‑16.  Duty of personal representative, magistrate, or clerk to assignallowance.

It shall be the duty of everyadministrator, collector, or executor of a will, on application in writing,signed by the surviving spouse, at any time within one year after the death ofthe deceased spouse, to assign to the surviving spouse the year's allowance asprovided in this Article.

If there shall be noadministration, or if the personal representative shall fail or refuse to applyto a magistrate or clerk of court, as provided in G.S. 30‑20, for 10 daysafter the surviving spouse has filed the aforesaid application, or if thesurviving spouse is the personal representative, the surviving spouse may makeapplication to the magistrate or clerk, and it shall be the duty of themagistrate or clerk to proceed in the same manner as though the application hadbeen made by the personal representative.

Where any personal property ofthe deceased spouse shall be located outside the township or county where thedeceased spouse resided at the time of his death, the personal representativeor the surviving spouse may apply to any magistrate or to any clerk of court ofany township or county where such personal property is located, and it shall bethe duty of such magistrate or clerk to assign the year's allowance as if thedeceased 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.)