{"data":{"id":"us-nc/n.c.-gen.-stat.-30-3.1","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 30-3.1","heading":"Right of elective share.","body":"(a)\tElective Share. - The surviving spouse of a decedent who dies domiciled in this State has a right to claim an \"elective share\", which means an amount equal to (i) the applicable 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 in G.S. 30-3.2(2c). The applicable share of the Total Net Assets is as follows:\n(1)\tIf the surviving spouse was married to the decedent for less than five years, fifteen percent (15%) of the Total Net Assets.\n(2)\tIf the surviving spouse was married to the decedent for at least five years but less than 10 years, twenty-five percent (25%) of the Total Net Assets.\n(3)\tIf the surviving spouse was married to the decedent for at least 10 years but less than 15 years, thirty-three percent (33%) of the Total Net Assets.\n(4)\tIf the surviving spouse was married to the decedent for 15 years or more, fifty percent (50%) of the Total Net Assets.\n(b)\tRepealed by Session Laws 2013-91, s. 1(d), effective October 1, 2013, and applicable to estates of decedents dying on or after October 1, 2013.\n(c)\tRepealed by Session Laws 2009-368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1, 2009. (2000-178, s. 2; 2003-296, s. 1; 2009-368, s. 1; 2013-91, s. 1(d).)","path":["Chapter 30. Surviving Spouses.","Article 1A. Elective Share."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_30/GS_30-3.1.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:59:42Z","sha256":"5c856d28a5c7fbe5e93fb0ad1b233144184fd09b319640b4ebca3ccdfebe6612","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-30-1-through-30-3","next":"us-nc/n.c.-gen.-stat.-30-3.2"},"notice":"GroundRules: Original legal text. Not legal advice."}