§ 30-30 – Judgment.
30-30. Judgment. The clerk of superior court shall hear the matter and determine whether the petitioner is entitled to some or all of the relief sought and, if the clerk determines that the petitioner is so entitled, the clerk shall determine the money or other personal property of the estate and assign to the petitioner […]
§ 30-3.4 – Procedure for determining the elective share.
30-3.4. Procedure for determining the elective share. (a) Exercisable Only During Lifetime. – The right of the surviving spouse to file a claim for an elective share must be exercised during the lifetime of the surviving spouse, by the surviving spouse, by the surviving spouse’s agent if the surviving spouse’s power of attorney expressly authorizes […]
§ 30-3.5 – Satisfaction of elective share.
30-3.5. Satisfaction of elective share. (a) Repealed by Session Laws 2009, c. 368, s. 1, effective August 27, 2009, and applicable to decedents dying on or after October 1 , 2009. (a1) Apportionment. – The personal representative shall apportion the liability to the surviving spouse for the amount of the elective share among all responsible […]
§ 30-3.6 – Waiver of rights.
30-3.6. Waiver of rights. (a) The right of a surviving spouse to claim an elective share may be waived, wholly or partially, before or after marriage, with or without consideration, by a written waiver signed by the surviving spouse, by the surviving spouse’s attorney-in-fact if the surviving spouse’s power of attorney expressly authorizes the attorney-in-fact […]
§ 30-15 – When spouse entitled to allowance.
30-15. When spouse entitled to allowance. Every surviving spouse of an intestate or of a testator, whether or not the surviving spouse has petitioned for an elective share, shall, unless the surviving spouse has forfeited the surviving spouse’s right thereto, as provided by law, be entitled, out of the personal property of the deceased spouse, […]
§ 30-16 – Duty of personal representative, magistrate, or clerk to assign allowance.
30-16. Duty of personal representative, magistrate, or clerk to assign allowance. It shall be the duty of every administrator, collector, or executor of a will, on application in writing, signed by the surviving spouse, at any time within one year after the death of the deceased spouse, to assign to the surviving spouse the year’s […]
§ 30-17 – When children entitled to an allowance.
30-17. When children entitled to an allowance. Whenever any parent dies survived by any child under the age of 18 years, including an adopted child or a child with whom the widow may be pregnant at the death of her husband, or a child who is less than 22 years of age and is a […]
§ 30-18 – From what property allowance assigned.
30-18. From what property allowance assigned. Such allowance shall be made in money or other personal property of the estate of the deceased spouse. (1868-9, c. 93, s. 9; Code, s. 2117; Rev., s. 3095; C.S., s. 4112; 1925, c. 92; 1961, c. 749, s. 4.)
§ 30-19 – Value of property ascertained.
30-19. Value of property ascertained. The value of the personal property assigned to the surviving spouse and children shall be ascertained by a magistrate or the clerk of court of the county in which administration was granted or the will probated. (1868-9, c. 93, s. 13; Code, s. 2121; Rev., s. 3097; C.S., s. 4114; […]
§ 30-3.2 – Definitions.
30-3.2. Definitions. The following definitions apply in this Article: (1) Claims. – Includes liabilities of the decedent, whether arising in contract, in tort, or otherwise, and liabilities of the decedent’s estate that arise at or after the death of the decedent, including funeral and administrative expenses, except for: a. A claim for equitable distribution of […]