§ 30-3.1. Right of elective share. - North Carolina Statutes

Article 1A.

Elective Share.

§ 30‑3.1.  Right ofelective share.

(a)        Elective Share. – Thesurviving spouse of a decedent who dies domiciled in this State has a right toclaim an "elective share", which means an amount equal to (i) theapplicable share of the Total Net Assets, as defined in G.S. 30‑3.2(4),less (ii) the value of Net Property Passing to Surviving Spouse, as defined inG.S. 30‑3.2(2c). The applicable share of the Total Net Assets is asfollows:

(1)        If the decedent isnot survived by any lineal descendants, one‑half of the Total Net Assets.

(2)        If the decedent issurvived by one child, or lineal descendants of one deceased child, one‑halfof the Total Net Assets.

(3)        If the decedent issurvived by two or more children, or by one or more children and the linealdescendants of one or more deceased children, or by the lineal descendants oftwo or more deceased children, one‑third of the Total Net Assets.

(b)        Reduction ofApplicable Share. – In those cases in which the surviving spouse is a second orsuccessive spouse, and the decedent has one or more lineal descendantssurviving who are not lineal descendants of the decedent's marriage to thesurviving spouse but there are no lineal descendants surviving by the survivingspouse, the applicable share as determined in subsection (a) of this sectionshall be reduced by one‑half.

(c)        Repealed by SessionLaws 2009‑368, s. 1, effective August 27, 2009, and applicable todecedents dying on or after October 1, 2009.  (2000‑178, s. 2; 2003‑296, s. 1; 2009‑368,s. 1.)