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NC S110

Bill

Status

Engrossed

3/8/2023

Primary Sponsor

Amy Galey

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Repeals Chapter 31C of the General Statutes and enacts the Uniform Community Property Disposition at Death Act as Article 5 of Chapter 30.

  • Defines community property disposition at death for spouses in jurisdictions recognizing community property, allowing one-half of applicable property to pass automatically to the surviving spouse and one-half to be subject to the decedent's disposition.

  • Permits community-property spouses domiciled in North Carolina to partition or reclassify property by signed record, with partition presumed to result in each spouse owning one-half separate property interest.

  • Establishes procedural requirements for surviving spouses, heirs, devisees, or nonprobate transferees to assert claims regarding community property disposition within specific timeframes (one year from death or six months after issuance of letters testamentary/administration).

  • Becomes effective January 1, 2024, and applies to judicial proceedings commenced on or after that date regardless of the decedent's date of death.

Legislative Description

GSC Unif. Community Prop. Disp. at Death Act

Court Clerks; Courts; Death & Dying; Estates; Marriage & Civil Unions; Property; Public; Family Issues

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

3/9/2023

Committee Referrals

Rules, Calendar, and Operations of the House3/9/2023
Rules and Operations of the Senate2/28/2023
Judiciary2/20/2023
Rules and Operations of the Senate2/16/2023

Full Bill Text

No bill text available