GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-225
SENATE BILL 533
AN ACT to revise and clarify the law providing for a child's allowance from a decedent's estate.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 30-17 reads as rewritten:
"§ 30-17. When children entitled to an allowance.
Whenever any parent dies leaving survived by
any child under the age of 18 years, including an adopted child or a child with
whom the widow may be pregnant at the death of her husband, or a child who is
less than 22 years of age and is a full-time student in any educational
institution, or a child under 21 years of age who has been declared mentally
incompetent, or a child under 21 years of age who is totally disabled, or any
other person under the age of 18 years residing with the deceased parent at the
time of death to whom the deceased parent or the surviving parent stood in loco
parentis, every such child shall be entitled, besides its share of the
estate of such deceased parent, toentitled to receive an allowance
of two thousand dollars ($2,000) for its the child's support for
the year next ensuing the death of such parent, less, however, the value of
any articles consumed by said child since the death of said parent. Such
allowance shall be in addition to the child's share of the deceased parent's
estate and shall be exempt from any lien by judgment or execution against
the property of such parent. The personal representative of the deceased parent,
parent shall, within one year after the parent's death, shall
assign to every such child the allowance herein provided for; but if there is
no personal representative or if he fails or refuses to act within 10 days
after written request by a guardian or next friend on behalf of such child, the
allowance may be assigned by a magistrate or clerk of court upon application of
said guardian or next friend.
If the child resides with the widow of the deceased parent at
the time such allowance is paid, the allowance shall be paid to said widow for
the benefit of said child. If the child resides with its surviving parent who
is other than the widow of the deceased parent, such allowance shall be paid to
said surviving parent for the use and benefit of such child, regardless of
whether the deceased died testate or intestate or whether the widow dissented
from the will. Provided, however, the allowance shall not be available to an
illegitimate child of a deceased father, unless such deceased father shall have
recognized the paternity of such illegitimate child by deed, will or other
paper-writing. If the child does not reside with a parent when the allowance is
paid, it the allowance shall be paid to its the child's
general guardian, if any, and if none, to the clerk of the superior court who
shall receive and disburse same for the benefit of such child."
SECTION 2. This act becomes effective October 1, 2005, and applies to estates of persons dying on or after that date.
In the General Assembly read three times and ratified this the 20th day of July, 2005.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:51 p.m. this 27th day of July, 2005