Wake Forest, NC asked in Probate for North Carolina

Q: Is there an AOC form to petition for an elective share? Form #? Sample petition?

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2 Lawyer Answers
Sara W. Harrington
Sara W. Harrington
  • Probate Lawyer
  • Carrboro, NC
  • Licensed in North Carolina

A: I believe the form you are looking for is AOC E-100. APPLICATION AND ASSIGNMENT YEAR’S ALLOWANCE

The link is: https://www.nccourts.gov/assets/documents/forms/e100.pdf?AadqAnQqiiRR5QZJyHGqMX0D6VYoY3if

This form allows the surviving spouse to apply for the first $60,000.00 of the estate.

Child(ren) who meet the following criteria are entitled to receive an allowance of up to $5,000 from the estate:

"(1) under the age of 18 years, including an adopted child or a child with whom the widow was pregnant at the death of her husband;

(2) a child who is less than 22 years of age who is a full-time

student in any educational institution;

(3) a child under 21 years of age who has

been declared mentally incompetent;

(4) a child under 21 years of age who is

totally disabled;

(5) a person under the age of 18 years who resided with the

deceased parent at the time of death and to whom the deceased parent or the

surviving parent stood in loco parentis."

G.S. 30-17 and G.S. 12-3(16), (17)

Charles Evan Lohr
Charles Evan Lohr
  • Probate Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: There is not an AOC form petition to request an elective share, but I will be glad to provide a template if you contact me directly.

Thank you,

Evan Lohr

Attorney at Law



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