PUBLISHED

N.C.G.S. § 30-49

Right of heir, devisee, or nonprobate transferee.

Effective date: 2026-08-08
Last verified: 2026-08-09
Source: official source
Revision history: view all versions

An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under this Article in accordance with the following: (1) With respect to a claim asserting a right in or to property, the heir, devisee, or nonprobate transferee must do either of the following: a. Within one year of the decedent's date of death, commence a civil action in superior court against the surviving community-property spouse who is in possession of the property. b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b. (2) With respect to a claim for relief other than a claim under subdivision (1) of this section, the heir, devisee, or nonprobate transferee must do either of the following: a. If a personal representative of the decedent's estate is not appointed, commence a civil action in superior court within one year of the decedent's date of death. b. Satisfy the procedural requirements of G.S. 30-48(a)(1)b. (3) The incapacity of the heir, devisee, or nonprobate transferee does not toll the time for commencing an action or filing a petition as provided in this section. (2025-25, s. 51.)