North Carolina · Through S.L. 2026-30

N.C. Gen. Stat. § 30-49: Right of heir, devisee, or nonprobate transferee.

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this Article in accordance with the following:
(1)	With respect to a claim asserting a right in or to property, the heir, devisee, or nonprobate transferee must do either of the following:
a.	Within one year of the decedent's date of death, commence a civil action in superior court against the surviving community-property spouse who is in possession of the property.
b.	Satisfy the procedural requirements of G.S. 30-48(a)(1)b.
(2)	With respect to a claim for relief other than a claim under subdivision (1) of this section, the heir, devisee, or nonprobate transferee must do either of the following:
a.	If a personal representative of the decedent's estate is not appointed, commence a civil action in superior court within one year of the decedent's date of death.
b.	Satisfy the procedural requirements of G.S. 30-48(a)(1)b.
(3)	The incapacity of the heir, devisee, or nonprobate transferee does not toll the time for commencing an action or filing a petition as provided in this section. (2025-25, s. 51.)

Where this section sits in the code

Chapter 30. Surviving Spouses.
Article 5. Uniform Community Property Disposition at Death Act.

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this Article in accordance with the following:

(1) With respect to a claim asserting a right in or to property, the heir, devisee, or nonprobate transferee must do either of the following:

a. Within one year of the decedent's date of death, commence a civil action in superior court against the surviving community-property spouse who is in possession of the property.

b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b.

(2) With respect to a claim for relief other than a claim under subdivision (1) of this section, the heir, devisee, or nonprobate transferee must do either of the following:

a. If a personal representative of the decedent's estate is not appointed, commence a civil action in superior court within one year of the decedent's date of death.

b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b.

(3) The incapacity of the heir, devisee, or nonprobate transferee does not toll the time for commencing an action or filing a petition as provided in this section. (2025-25, s. 51.)

Collected 2026-08-27T17:59:42Z. Source file · JSON

Browse this collection