Session Law 2013-91 (Senate Bill 279) Summary

• Updates wrongful death statute to clarify procedures for handling recovered damages, including reimbursement of estate expenses, attorney's fees, and application to hospital/medical expenses (capped at $4,500 or 50% of damages after fees).

• Expands limited personal representative appointments to estates with no probate property, motor vehicle-only assets, collection by affidavit, summary administration, or limited assets under G.S. 28A-15-10.

• Changes elective share rights for surviving spouses based on length of marriage (15% for less than 5 years, 25% for 5-10 years, 33% for 10-15 years, 50% for 15+ years) instead of number of children.

• Recognizes military testamentary instruments and out-of-state self-proved wills as valid without requiring North Carolina compliance formalities.

• Adds trustee insurable interest statute, clarifies settlor's spouse definitions in trust taxation, expands directed fiduciary provisions, and protects inherited IRAs from creditor claims for accounts transferred by eligible rollover after death.