AN ACT TO LIMIT SPOUSAL SHARE WITH RESPECT TO JOINTLY HELD PROPERTY TO A REBUTTABLE PRESUMPTION OF IN-KIND CONTRIBUTION UNLESS OTHERWISE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE AND TO REQUIRE A FEE FOR FILING A CLAIM FOR AN ELECTIVE SHARE.
House committee substitute to the 2nd edition makes the following changes.
Makes technical changes to the proposed changes to GS 30-3.2, deleting existing law that is unchanged by the act. Makes the proposed changes to GS 30-3.2, which amend the defined terms of Article 1A, Elective Share, also apply to estate proceedings to determine the elective share which are not final on the date the act becomes law due to the proceeding being subject to further judicial review.
Eliminates proposed GS 30-3.4(b1), which required a person who files a claim for an elective share to pay $200 to the clerk of superior court of the county in which the primary administration of the decedent's estate lies. Instead, amends GS 7A-307, regarding costs in estate administration, to require the clerk to assess $200 for the filing of a petition for an elective share proceeding. Amends GS 30-3.4(e1), regarding the procedure for an elective share proceeding, to direct that the petition for the proceeding be filed by the clerk upon payment of the costs assessed pursuant to GS 7A-307, as amended. Applies to estates of decedents dying on or after December 1, 2019.
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