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NC S309
Bill
AI Summary
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Enacts the North Carolina Uniform Electronic Wills Act, allowing wills to be executed electronically if recorded in electronic form, signed by the testator, and attested by at least two witnesses; permits conversion of paper wills to electronic format and requires certified paper copies for probate.
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Updates elective share statutes to clarify trust valuation rules for surviving spouses, specifying that trusts must use mandatory distribution language ("shall" or "is required to") for income and principal, and establishes detailed procedures for filing elective share claims within six months of letters issuance.
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Revises trust contest provisions to prohibit trustees from distributing assets during pending or threatened litigation contesting trust validity or beneficiary identity, making such distributions a breach of trust with potential liability for attorneys' fees.
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Modifies year's allowance statutes to set surviving spouse allowance at $60,000 and child's allowance at $10,000, allows children ages 18-20 to file their own petitions, and establishes that spousal priority is waived if no petition is filed within six months and a child's petition is filed first.
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All substantive provisions become effective January 1, 2026, applying to electronic wills executed, elective share claims filed, settlors dying, and allowance petitions filed on or after that date.
Legislative Description
Changes to Estates and Trusts Statutes
Public
Last Action
Ref To Com On Rules and Operations of the Senate
3/18/2025