Can I disinherit my spouse or child in North Carolina?

1. Spousal Disinheritance. North Carolina is a separate-property state. Under N.C. Gen. Stat. § 30-3.1, a surviving spouse is entitled to an elective share calculated on a sliding scale based on length of marriage: 15% if less than 5 years, 25% if 5–10 years, 33% if 10–15 years, and 50% if 15 or more years of marriage, computed against the "Total Net Assets."

2. Augmented Estate. North Carolina uses "Total Net Assets" under N.C. Gen. Stat. § 30-3.2, which is conceptually similar to the UPC augmented estate and includes probate property, revocable trusts, joint accounts, retirement accounts, and certain transfers. North Carolina has effectively adopted a partnership-theory sliding scale similar to UPC § 2-202.

3. Elective Share Procedure. The election must be filed with the clerk of superior court within six months after the issuance of letters testamentary under N.C. Gen. Stat. § 30-3.4.

4. Pretermitted Child. Under N.C. Gen. Stat. § 31-5.5, a child born or adopted after execution of the will, and not provided for, receives an intestate share unless the omission was intentional or the testator made provision outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in North Carolina.

7. Prenuptial / Postnuptial Waiver. North Carolina has adopted the Uniform Premarital Agreement Act at N.C. Gen. Stat. § 52B-1 et seq. Spouses may waive elective share with voluntary signing and disclosure.

8. Homestead, Family Allowance, Exempt Property. Spousal year's allowance of $60,000 under N.C. Gen. Stat. § 30-15 and child's allowance of $5,000 per child under § 30-17, paid regardless of will provisions.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; caveat filed in superior court under N.C. Gen. Stat. § 31-32 within three years.

This is legal information, not legal advice.