State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_31C > GS_31C-3

§31C‑3.  Disposition of community property upon death.

Upon death of a marriedperson, one half of the property to which this Chapter applies is the propertyof the surviving spouse and is not subject to testamentary disposition by thedecedent or distribution under the laws of succession of this State. One halfof that property is the property of the decedent and is subject to testamentarydisposition or distribution under the laws of succession of this State. Withrespect to property to which this Chapter applies, the one half of the propertyof the decedent is not subject to the surviving spouse's right to petition foran elective share under the provisions of Article 1A of Chapter 30, and is notsubject to the right to elect a life estate under the provisions of Article 8of Chapter 29. (1981, c. 882, s. 1; 2000‑178, s. 7.)