North Carolina HB 40: Kimberly's Law/Death by Vehicle/Driving While License Revoked.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2025-25
HOUSE BILL 40

*H40-v-6*
AN ACT TO ENACT VARIOUS RECOMMENDATIONS OF THE GENERAL STATUTES
COMMISSION.

The General Assembly of North Carolina enacts:

PART I. TECHNICAL CORRECTIONS
SECTION 1.(a) G.S. 1-18 is repealed.
SECTION 1.(b) G.S. 29-30 reads as rewritten:
"§ 29-30. Election of surviving spouse to take life interest in lieu of intestate share provided.
(a) Except as provided in this subsection, in lieu of the intestate share provided in
G.S. 29-14 or G.S. 29-21, or of the elective share provided in G.S. 30-3.1, the surviving spouse
of an intestate or the surviving spouse who has petitioned for an elective share is entitled to take
as the surviving spouse's intestate share or elective share a life estate in one third in value of all
the real estate of which the deceased spouse was seised and possessed of an estate of inheritance
at any time during coverture. the marriage. The surviving spouse is not entitled to take a life
estate in any of the following circumstances:
...
(b) The surviving spouse may elect to take a life estate in the usual dwelling house
occupied by the surviving spouse at the time of the death of the deceased spouse if the dwelling
house was owned by the deceased spouse at the time of the deceased spouse's death, together
with the outbuildings, improvements improvements, and easements thereunto belonging or
appertaining, easements, and lands land upon which the dwelling house is situated and that is
reasonably necessary to the its use and enjoyment thereof, as well as enjoyment. The surviving
spouse may also elect to take a fee simple ownership in the household furnishings therein, despite
the fact that a life estate therein in the dwelling house might exceed the fractional limitation
provided for in subsection (a) of this section. If the value of a life estate in the dwelling house is
less than the value of a life estate in one-third in value of all the real estate, the surviving spouse
may elect to take a life estate in the dwelling and a life estate in such other real estate as to make
the aggregate life estate of the surviving spouse equal to a life estate in one-third in value of all
the real estate.
(c) The election provided for in subsection (a) of this section shall be is made by the filing
of a petition in accordance with Article 2 of Chapter 28A of the General Statutes (i) with the
clerk of the superior court of the county in which the administration of the estate is pending or
(ii) if no administration is pending, then with the clerk of the superior court of any county in
which the administration of the estate could be commenced, together with the recording of a
notice indicating the county and file number of the clerk's filing with the register of deeds in
every county where real property to be claimed under the filing is located. The election shall be
made prior to the following applicable periods:
(1) In case of testacy, the shorter of (i) within 12 months of the date of death of
the deceased spouse if letters testamentary are not issued within that period,
or (ii) within one month after the expiration of the time limit for filing a claim
for elective share if letters have been issued.

Page 2 Session Law 2025-25 House Bill 40
(2) In case of intestacy, the shorter of (i) within 12 months after the date of death
of the deceased spouse if letters of administration are not issued within that
period, or (ii) within one month after the expiration of the time limit for filing
claims against the estate, if letters have been issued.
(3) Repealed by Session Laws 2011-344, s. 5, effective January 1, 2012.
(4) If litigation that affects the share of the surviving spouse in the estate is
pending, including a pending petition for determination of an elective share,
then within such a reasonable time as may be allowed by written order of the
clerk of the superior court.
Nothing in this subsection extends the period of time for a surviving spouse to petition for an
elective share under Article 1A of Chapter 30 of the General Statutes.
(c1) The petition described in subsection (c) of this section shall do all of the following:
(1) Be directed to the clerk with whom it is filed.
(2) State that the surviving spouse making the petition elects to take under this
section rather than under the provisions of G.S. 29-14, 29-21, or 30-3.1, as
applicable.
(3) Set forth the names of all heirs, devisees, personal representatives
representatives, and all other persons in possession of or claiming an estate or
an interest in the property described in subsection (a) of this section.
(4) Request the allotment of the life estate provided for in subsection (a) of this
section.
(c2) The petition described in subsection (c) of this section may be filed in person, person
or by attorney authorized in a writing executed and duly acknowledged by the surviving spouse
and attested by at least one witness. If the surviving spouse is a minor or a