Senate Bill 394 - Summary

• Clarifies that personal representatives may pay underlying debts secured by encumbered estate assets without increasing distributee shares unless the will provides for exoneration.

• Establishes venue for guardianship proceedings in the county where the respondent resides, is domiciled, or is an inpatient in a treatment facility, with first-filed county controlling if multiple venues are proper.

• Increases surviving spouse's allowance from personal property of deceased spouse to $60,000 for one year of support, available if either spouse was a North Carolina resident at death.

• Removes statute of limitations for actions to reform, terminate, or modify trusts under G.S. 36C-4-410 through 36C-4-416, allowing such actions to be commenced at any time.

• Expands authority for trust modification to allow beneficiaries or other persons to remove and replace trustees through consent-based modifications and court proceedings when material purposes are not at issue.