NC AOC FORM · E-209 · ESTATE

AOC-E-209 — Application to Set Aside Year's Allowance and Homestead Allowance

Surviving spouse and minor children are entitled to exemptions from creditors. Download a court-ready application PDF instantly.
NC ESTATE FORMS ← ALL FORMS
01 ATTORNEY INFORMATION

This form may also be filed without an attorney (pro se). Attorney information is optional but recommended.

02 APPLICANT INFORMATION
03 DECEDENT INFORMATION
04 YEAR'S ALLOWANCE — PERSONAL PROPERTY
Maximum Year's Allowance: $20,000 in personal property (G.S. 30-15) Value exceeds $20,000 maximum — allowance will be capped at $20,000
05 HOMESTEAD ALLOWANCE — REAL PROPERTY
Maximum Homestead Allowance: $30,000 in real property (G.S. 30-17) Amount exceeds $30,000 maximum — allowance will be capped at $30,000
06 ALLOWANCE SUMMARY
YEAR'S ALLOWANCE (PERSONAL PROPERTY) $0.00
HOMESTEAD ALLOWANCE (REAL PROPERTY) $0.00
TOTAL ALLOWANCE REQUESTED $0.00
07 CERTIFICATION
COUNTY OF DECEDENT'S RESIDENCE
— Not Selected —

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ALLOWANCE AMOUNTS

  • Year's Allowance = $20,000 in personal property (G.S. 30-15)
  • Homestead Allowance = $30,000 in real property (G.S. 30-17)
  • Maximum combined exemption = $50,000
  • Both allowances are EXEMPT from creditors of the estate
  • Allowances are paid BEFORE any unsecured creditor claims

WHO CAN CLAIM

  • Surviving spouse of the decedent
  • Minor children of the decedent (under 18)
  • If both surviving spouse and minor children, spouse has priority
  • Claim must be filed within ONE YEAR of the date of death
  • Available even if decedent left no probate estate
  • Available whether or not the decedent left a will

STATUTORY REFERENCE

G.S. 30-15 Year's Allowance (personal property)
G.S. 30-17 Homestead Allowance (real property)
G.S. 30-19 Procedure for claiming allowances
AOC-E-209 Application to Set Aside Allowances