Article 1A.

Elective Share.

§ 30‑3.1.  Right of elective share.

(a) Elective 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:

(1) If the surviving spouse was married to the decedent for less than five years, fifteen percent (15%) of the Total Net Assets.

(2) If 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.

(3) If 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.

(4) If the surviving spouse was married to the decedent for 15 years or more, fifty percent (50%) of the Total Net Assets.

(b) Repealed by Session Laws 2013‑91, s. 1(d), effective October 1, 2013, and applicable to estates of decedents dying on or after October 1, 2013.

(c) Repealed by Session Laws 2009‑368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1, 2009.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).)