Surviving Spouse's Election of Elective Share (G.S. 30-3.1) — NC Estate Form

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STRICT DEADLINE — ATTORNEY STRONGLY RECOMMENDED. Election must be filed within 6 months after the personal representative qualifies OR 12 months from date of death, whichever is later (G.S. 30-3.2). Missing this deadline permanently waives the elective share. Consult an attorney before filing.

01SURVIVING SPOUSE

Surviving Spouse Full Name *

Phone

Mailing Address *

City *

State

ZIP *

Attorney Name (if represented)

NC Bar Number

Firm Name

Attorney Phone

Attorney Address

02DECEDENT INFORMATION

Decedent Full Name *

Date of Death *

County of Domicile *

Estate File Number

03MARRIAGE INFORMATION

Date of Marriage *

State Where Married

—%

ELECTIVE SHARE PERCENTAGE

Enter dates of marriage and death above

G.S. 30-3.1(a)

04ELECTIVE SHARE CALCULATION

Estimated Gross Estate Value *

YEARS OF MARRIAGE:—

APPLICABLE PERCENTAGE:—

ESTIMATED GROSS ESTATE:—

ESTIMATED ELECTIVE SHARE:

Note: The actual elective share is calculated from the "total net assets" as defined in G.S. 30-3.2. Consult an attorney to determine the precise amount.

05ELECTION STATEMENT

I, [Spouse Name], surviving spouse of [Decedent Name], deceased, hereby elect to take my elective share of the estate of [Decedent Name] pursuant to G.S. 30-3.1 et seq. I understand that by making this election I waive all benefits under the Last Will and Testament of the decedent that are in lieu of this election, and that this election is irrevocable once filed.

06FILING DEADLINE CALCULATOR

Date Personal Representative Qualified (if known)

FILING DEADLINE

Enter dates above to calculate

The later of: 6 months after PR qualifies, OR 12 months from death (G.S. 30-3.2)

07CERTIFICATION

I certify under penalty of perjury that I am the surviving spouse of the decedent named above, that I am entitled to make this election, and that the information in this document is true and correct to the best of my knowledge. *

ELECTIVE SHARE TIERS (G.S. 30-3.1)

15% — Less than 5 years of marriage
25% — 5 to less than 10 years
33% — 10 to less than 15 years
50% — 15 or more years

STATUTORY REFERENCE

G.S. 30-3.1Right to elective share

G.S. 30-3.1(a)Percentage tiers

G.S. 30-3.2Filing deadline (6/12 months)

G.S. 30-3.3Election procedure

G.S. 30-3.4Satisfaction of elective share

WHEN TO USE

Decedent's Will leaves the spouse less than the elective share percentage
Decedent died intestate but state law yields less than the elective share
Spouse was disinherited or largely excluded from the estate
Must be the decedent's legally married spouse at death

WHAT IT WAIVES

All Will bequests "in lieu of" the elective share are waived
Spouse may still take bequests not stated as being in lieu
Spouse keeps statutory allowances (year's allowance, homestead, etc.)
The election is irrevocable once filed

NEED AN ATTORNEY?

Elective share involves complex asset valuation under G.S. 30-3.2
Deadline miscalculation is an irrevocable waiver
Barker Richardson, PLLC → NC estate law, Raleigh NC
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