AOC-E-100 Year's Allowance Guide: Claiming Your $50,000 Statutory Entitlement

Your spouse died. The grief is overwhelming. You’re facing immediate financial stress. Funeral costs need to be paid. Your mortgage is due. You need to know how you’re going to pay for basic living expenses while the probate process plays out over the next 8-12 months.

North Carolina law has your back. There’s a statute specifically designed to protect surviving spouses in exactly this situation.

NCGS 29-14.5 guarantees you the right to claim the first $50,000 of your spouse’s estate, paid before other distributions, before most debts are paid, and before other beneficiaries receive anything.

This is not a loan. It’s not dependent on your financial need. It’s your statutory entitlement under North Carolina law. You don’t have to wait for probate to close. You don’t need the executor’s permission. You file a simple form (AOC-E-100), and the court approves your claim within 1-2 weeks.

This guide explains what year’s allowance is, how much you’re entitled to, how to claim it, and the exact steps to file AOC-E-100.

What Is Year’s Allowance Under NCGS 29-14.5?

Year’s allowance is a North Carolina-specific legal protection for surviving spouses.

The law: NCGS 29-14.5 states that surviving spouses have a statutory right to the first $50,000 of the decedent’s estate, paid before other distributions. This is an automatic entitlement. You don’t have to prove financial need. The executor doesn’t have discretion to deny it. The court can’t reduce it. It’s your legal right.

The amount: You get the minimum of $50,000 or the total estate value, whichever is less. So if the estate is worth $200,000, you get $50,000. If the estate is worth $30,000, you get the full $30,000.

The timing: This money is available immediately. You don’t have to wait for the entire probate process to close. You can claim it within days of your spouse’s death. Most surviving spouses receive the funds within 2-3 weeks of filing.

The priority: Year’s allowance is paid before other distributions. This is the key protection. Other beneficiaries, other creditors, wait until your $50,000 is satisfied. Only funeral and last-illness medical costs are paid before year’s allowance.

Who qualifies: Only surviving spouses. Not children, parents, or other heirs. And you must have been legally married at the time of your spouse’s death. Common-law marriage (cohabiting without formal marriage) doesn’t qualify in North Carolina.

What it’s for: The statute doesn’t require you to spend it on any specific purpose. You could use it for funeral costs, mortgage payments, living expenses, medical bills, whatever you need. It’s yours to use for financial security during probate.

Understanding the Rules and Limitations

There are a few important rules about year’s allowance.

You must be legally married at death. This is the primary requirement. If you were separated but not divorced, there’s legal ambiguity; consult an attorney. If you were divorced before your spouse died, you don’t qualify. If you were validly married at death, you qualify (length of marriage doesn’t matter; even one week of marriage qualifies).

Common-law marriage doesn’t count in North Carolina. Unlike some states, North Carolina doesn’t recognize common-law marriage. If you cohabited with your spouse but never got a marriage license, you’re not a surviving spouse under NCGS 29-14.5 and don’t qualify for year’s allowance.

Same-sex marriage is treated identically to opposite-sex marriage. All marriages, regardless of the spouses’ genders, receive equal treatment under NC law. Year’s allowance rights are identical.

The amount is fixed; the court can’t change it. The $50,000 cap (or full estate value if less) is statutory. The executor can’t argue you should get less. The judge can’t reduce it. It’s a non-discretionary entitlement.

You can’t waive it (though you might want to in rare circumstances). Once approved, the year’s allowance is yours. In rare cases (very small estate where year’s allowance exhausts available assets), a surviving spouse might wish to waive the year’s allowance so that other beneficiaries receive something. This is possible but uncommon.

Calculating Your Year’s Allowance Amount

The math is simple.

List all known assets of your spouse’s estate:

• Real estate (estimated fair market value)
• Bank accounts and savings
• Investment accounts (stocks, bonds, mutual funds)
• Retirement accounts (IRAs, 401(k)s)
• Life insurance proceeds
• Vehicles (use Kelley Blue Book value)
• Personal property (jewelry, artwork, antiques)

Add them all together. This is the gross estate value.

Now apply the rule: minimum of $50,000 or total estate value.

Example 1: The estate has a house ($400,000), bank account ($50,000), and car ($15,000). Total $465,000. You get $50,000 (capped at the statutory limit).

Example 2: The estate has a house ($200,000), bank account ($10,000), and no other assets. Total $210,000. You get $50,000 (still under the total, so capped at $50k).

Example 3: The estate has only a bank account with $25,000. You get $25,000 (entire estate is less than $50k cap, so you get all of it).

The calculation is straightforward. You don’t need a calculator for anything complex. If you’re unsure of a house value, estimate. “Approximately $400,000” is fine.

When to File: Timing Considerations

You can file AOC-E-100 (the year’s allowance petition) immediately after your spouse’s death, even before the will is located or filed.

File quickly. Many surviving spouses file within the first week or two. This gets the approval process started and funds flowing faster. You don’t have to wait for the executor to file the will (AOC-E-201). You can file year’s allowance petition simultaneously or even before.

Why early filing matters: Approval typically takes 1-2 weeks. Payment processing typically takes another 1-2 weeks. So filing within the first week means you could have funds by week three or four. If you wait two months to file, you’re delaying funds by two months. For surviving spouses facing immediate financial stress, this timing matters.

Late filing: There’s no statute of limitations on year’s allowance claims. You can file months later if needed. But there’s no benefit to delaying. File early.

Gathering Information to File AOC-E-100

Before opening the form, gather this information:

Your information:

• Your full legal name (as you want it in court records)
• Your current mailing address
• Your contact phone and email

Your spouse’s information:

• Full legal name (from death certificate)
• Date of death (from death certificate)
• Date of birth
• Residential address at death (determines which county court has jurisdiction)

Marriage information:

• Date of marriage (from marriage certificate)

Asset information:

• Estimated total value of all known assets (real estate, bank accounts, investments, vehicles, life insurance, etc.)
• Even rough estimates are fine at filing stage

Will information (if exists):

• Location of the will (with attorney, safe deposit box, at home, already filed with court)
• Name of the executor (if will is available)

Spend 15 minutes gathering this information. Write it down. Then reference it while completing the form.

Filing AOC-E-100: Step by Step

AOC-E-100 is the official “Petition for Year’s Allowance.” It’s a straightforward form.

Step 1: Get the form. Contact your county probate clerk or download from the county court website. Ask specifically for “AOC-E-100” or “Petition for Year’s Allowance.” Each county uses the same statewide form, so any county version is fine.

Step 2: Determine jurisdiction. You file in the county where your spouse lived at death. That’s typically the county where you also live (if you were living together). If your spouse had relocated or you were living apart, use the county where your spouse lived at death.

Step 3: Complete the form. The form asks for:

• Your name and address (as surviving spouse, the “petitioner”)
• Your spouse’s name and address
• Date of marriage
• County where filing
• Estate asset list (itemize known assets and estimate values)
• The amount of year’s allowance you’re requesting (typically the full $50,000, or full estate value if less)

Step 4: Sign the form. You must sign the form. Some versions require notarization. Check the form instructions. If notarization is required, use a local notary or remote notarization service (see our remote notarization guide for details).

Step 5: File with the court. Deliver or mail the form to your county probate court. Include the filing fee (varies by county, typically $75-150). If your county has eCourts operational, you can file online. Otherwise, mail or deliver in person.

Step 6: Wait for approval. The court reviews your petition. This is a statutory entitlement, not discretionary. Approval is routine and typically happens within 1-2 weeks. You’ll receive notice of approval and payment instructions.

Step 7: Receive the funds. Once approved, the court directs the estate (or estate account) to pay you the year’s allowance amount. Payment processing typically takes another 1-2 weeks. You receive the funds.

Using Afterpath to File AOC-E-100

Afterpath simplifies the process. You answer a few questions about your spouse and the estate. Afterpath generates an AOC-E-100 form pre-filled, formatted, and ready to file. No need to understand form structure or remember where every field goes. Afterpath handles the technical details.

After generation, you review the form, sign it (get notarized if required), and file with the court.

For surviving spouses who want professional support, Afterpath’s process is streamlined and non-intimidating.

Common Questions About Year’s Allowance

Q: Can I claim year’s allowance if there’s no will? A: Yes, absolutely. Year’s allowance is available whether the decedent died with a will (testate) or without (intestate). The absence of a will doesn’t affect your year’s allowance right.

Q: Is year’s allowance the same as my marital property share? A: No, different rights. Year’s allowance (NCGS 29-14.5) is an immediate $50,000 statutory entitlement. Marital property or elective share is a separate right to take a percentage of the estate in place of what the will provides. You can claim one or the other, not both. Consult an attorney to determine which is more beneficial in your situation.

Q: If I claim year’s allowance, does it reduce my inheritance under the will? A: Yes, the year’s allowance is paid first, and other beneficiaries receive remainder. If the will leaves you $100,000 and you claim year’s allowance of $50,000, the remaining estate pays you $50,000 (meeting your full inheritance) with nothing left for other beneficiaries. Talk with the executor about how year’s allowance affects other distributions.

Q: Can the executor refuse to pay my year’s allowance? A: No. Year’s allowance is a statutory entitlement. The executor must pay it if assets exist. If the executor refuses, you petition the court for enforcement. But executor refusal is rare; most executors understand the statute.

Q: What if the estate doesn’t have enough assets to pay the full $50,000? A: You get whatever assets exist (up to $50,000). If the estate is only $15,000, you get $15,000. Other obligations (debts, probate costs) might go unpaid, but your year’s allowance takes priority.

Q: How long does approval take? A: Typically 1-2 weeks from filing to approval. Payment processing another 1-2 weeks. Total: 2-4 weeks from filing to funds received.

After Approval: Using Your Year’s Allowance

Once the year’s allowance is approved and funds received, you have discretion on how to use it.

The statute doesn’t impose any conditions. The funds are yours for:

• Funeral and burial costs
• Mortgage and property tax payments
• Living expenses (food, utilities, insurance)
• Medical bills
• Grief counseling or therapy
• Whatever you need for financial security during the probate process

Keep receipts or records if you choose, but the statute doesn’t require accounting. The year’s allowance is your financial protection while probate administration proceeds.

Emotional and Practical Significance

Year’s allowance is more than a legal mechanism. It’s North Carolina’s way of saying: “We understand that spousal death creates immediate financial hardship. The law protects you.”

For a surviving spouse facing mortgage payments, funeral costs, and basic living expenses while grieving, year’s allowance can be the difference between financial stability and crisis.

Filing AOC-E-100 is often one of the first actions a surviving spouse takes. It signals that you’re taking control of your financial situation and claiming the legal protections available to you.

It’s an empowering action during a disempowering time.

Conclusion

North Carolina law gives you a $50,000 entitlement as a surviving spouse. This isn’t charity. It’s not discretionary. It’s your statutory right.

File AOC-E-100 early (within days or weeks of your spouse’s death). Approval is routine and typically happens within 1-2 weeks. Funds arrive within 2-4 weeks. Use the money for financial security during probate.

Don’t leave this money on the table out of uncertainty or grief fog. File early. Claim your protection.

Ready to claim your year’s allowance? Download Afterpath’s AOC-E-100 Worksheet (free PDF) to gather all needed information. Or use Afterpath’s free trial to generate your AOC-E-100 form pre-filled and ready to file.

Surviving spouse questions? Chat with Angelo 24/7. Or download our Surviving Spouse Rights guide (free) to understand all your legal protections.

You’re protected by North Carolina law. Claim that protection.