North Carolina 2025 Session Status: Passed Senate 2 R cosponsors

SB 122 — GSC Unif. Community Prop. Disp. at Death Act.

Last action — Withdrawn From Com

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced February 21, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Senate

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

24 added · 25 removed

Plain-language change summary

In the latest version of SB 122, the bill has amended certain legal references and tightened the language regarding the handling of community property in North Carolina. This change clarifies the rights of surviving spouses when it comes to community property, making it easier for them to navigate their legal entitlements after a partner's death. This adjustment is important as it aims to provide clearer guidelines and protect the interests of those dealing with estate matters.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Feb 21, 2025 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 122 Short Title:
122 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45015-MUz-4 Short Title:
A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Rules and Operations of the Senate February 24, 2025 A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Chapter 30 of the General Statutes is amended by adding a new Article to read:
Chapter 30 of the General Statutes is amended byadding a new Article to read:
*DRS45015-MUz-4* General Assembly Of North Carolina Session 2025 (11) State.
*S122-v-1* General Assembly Of North Carolina Session 2025 (11) State.
All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled either when the community property was acquired or, after acquisition, became community property.
All or a proportionate part of each item of personal property, wherever located, that was communitypropertyunder the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled either when the community property was acquired or, after acquisition, became community property.
Personal property traceable to property described in sub-subdivision a.
Personal propertytraceable to propertydescribed in sub-subdivision a.
(b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this Article applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.
(b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this Article applies to the property only to the extent the property is held in the trust or characterized as communityproperty by the terms of the trust or the law of the jurisdiction under which the trust was created.
Page 2 DRS45015-MUz-4 General Assembly Of North Carolina Session 2025 This Article is presumed to apply to all property acquired by a community-property spouse when domiciled in ajurisdiction whereproperty acquired by thecommunity-propertyspouse was presumed to be community property under the law of that jurisdiction.
Page 2 Senate Bill 122-First Edition General Assembly Of North Carolina Session 2025 This Article is presumed to apply to all property acquired by a community-property spouse when domiciled in ajurisdiction wherepropertyacquired bythecommunity-propertyspouse was presumed to be community property under the law of that jurisdiction.
(c) The property that belongs to the decedent under subsection (b) of this section is not subject to the surviving community-property spouse's right to petition for an elective share under Article1Aofthis Chapterorthesurviving community-propertyspouse's right to elect alifeestate under Article 8 of Chapter 29 of the General Statutes.
(c) The property that belongs to the decedent under subsection (b) of this section is not subject to the surviving community-propertyspouse's right to petition for an elective share under Article1Aofthis Chapterorthesurvivingcommunity-propertyspouse's right to elect alifeestate under Article 8 of Chapter 29 of the General Statutes.
(1) An act of the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired.
(1) An act of the surviving community-property spouse or decedent during the marriage or other relationship under which communityproperty then could be acquired.
Within six months after the issuance of letters testamentary or letters of administration in connection with the decedent's testate or intestate proceeding, file a petition with the clerk of superior court or commence a civil action in superior court in the county in which the primary administration of the decedent's estate lies.
Within six months after the issuance of letters testamentary or letters of administration in connection with the decedent's testate or intestate proceeding, file a petition with the clerk of superior court or commence a civil action in superior court in the county in which the primaryadministration of the decedent's estate lies.
A petition with the clerk of superior court shall be filed as an estate proceeding, and the DRS45015-MUz-4 Page 3 General Assembly Of North Carolina Session 2025 proceeding shall be conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes.
A petition with the clerk of superior court shall be filed as an estate proceeding, and the Senate Bill 122-First Edition Page 3 General Assembly Of North Carolina Session 2025 proceeding shall be conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes.
(2) With respect to a claim for relief other than a claim under subdivision (a)(1) of this section, the surviving community-property spouse must do either of the following:
(2) With respect to a claim for relief other than a claim under subdivision (a)(1) of this section, the survivingcommunity-propertyspouse must do either of the following:
(a) With respect to property to which this Article applies, a person is not liable under this Article if all of the following apply:
(a) With respect to propertyto which this Article applies, a person is not liable under this Article if all of the following apply:
Page 4 DRS45015-MUz-4 General Assembly Of North Carolina Session 2025 "§ 30-51.
Page 4 Senate Bill 122-First Edition General Assembly Of North Carolina Session 2025 "§ 30-51.
28A-2-10, to determine questions of construction of wills, to determine priority among creditors, to determine whether a person is in possessionofpropertybelongingtoanestate,toordertherecoveryofproperty of the estate in possession of third parties, to determine a claim for relief regarding the disposition of community property at death as provided in Article 5 of Chapter 30 of the General Statutes, and to determine the existence or nonexistence of any immunity, power, privilege, duty, or right.
28A-2-10, to determine questions of construction of wills, to determine priority among creditors, to determine whether a person is in possessionofpropertybelongingto anestate,toordertherecoveryofproperty of the estate in possession of third parties, to determine a claim for relief regarding the disposition of community property at death as provided in Article 5 of Chapter 30 of the General Statutes, and to determine the existence or nonexistence of any immunity, power, privilege, duty, or right.
DRS45015-MUz-4 Page 5 General Assembly Of North Carolina Session 2025 SECTION 6.
Senate Bill 122-First Edition Page 5 General Assembly Of North Carolina Session 2025 SECTION 6.
Page 6 DRS45015-MUz-4
Page 6 Senate Bill 122-First Edition
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How this bill changes current law

1 change Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill repeals the existing section 30-48 and modifies the law regarding the rights of surviving community-property spouses by establishing a new framework under a different article.

  • § 30-48

    § 30-48. Right of surviving community-property spouse. (a) The surviving community-property spouse of a decedent may assert a claim for relief with respect to a right under this Article in accordance with the following: (1) With respect to a claim for relief asserting a right in or to property, the surviving community-property spouse must do either of the following: a. Within one year of the decedent's date of death, commence a civil action in superior court against an heir, devisee, or nonprobate transferee that is in possession of the property. b. Within six months after the issuance of letters testamentary or letters of administration in connection with the decedent's testate or intestate proceeding, file a petition with the clerk of superior court or commence a civil action in superior court in the county in which the primary administration of the decedent's estate lies. A petition with the clerk of superior court shall be filed as an estate proceeding, and the proceeding shall be conducted in accordance with the procedures of Article 2 of Chapter 28A of the General Statutes. (2) With respect to a claim for relief other than a claim under subdivision (a)(1) of this section, the surviving community-property spouse must do either of the following: a. If a personal representative of the decedent's estate is not appointed, commence a civil action in superior court within one year of the decedent's date of death. b. Satisfy the procedural requirements of sub-subdivision (a)(1)b. of this section. (3) The incapacity of the surviving spouse does not toll the time for commencing an action or filing a petition as provided in this section. (b) Unless a timely demand is made under sub-subdivision (a)(1)b. or (a)(2)b. of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this Article.

    This change removes the specific provisions regarding the claims of a surviving community-property spouse.

Action History

  1. Withdrawn From Com

  2. Re-ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  3. Passed 1st Reading

  4. Ref To Com On Rules, Calendar, and Operations of the House

  5. Regular Message Sent To House

  6. Regular Message Received From Senate

  7. Passed 2nd Reading

  8. Passed 3rd Reading

  9. Withdrawn From Cal

  10. Placed On Cal For 03/26/2025

  11. Reptd Fav

  12. Reptd Fav

  13. Re-ref Com On Rules and Operations of the Senate

  14. Withdrawn From Com

  15. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  16. Passed 1st Reading

  17. Ref To Com On Rules and Operations of the Senate

  18. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 177 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 50 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 20000
Republican 29000
Unaffiliated 1000
Total 50000
% of votes cast 100%0%0%0%
How each member voted (50)
Member Party Vote
P. Newton — Yea
Caleb Theodros Democratic Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gale Adcock Democratic Yea
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Kandie D. Smith Democratic Yea
Lisa Grafstein Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sophia Chitlik Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Val Applewhite Democratic Yea
Woodson Bradley Democratic Yea
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bob Brinson Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Dana Jones Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Mark Hollo Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Paul Newton Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Timothy D. Moffitt Republican Yea
Todd Johnson Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 122?
SB 122 is sponsored by Carl Ford (Republican) and Amy S. Galey (Republican).
What is the current status of SB 122?
This bill has passed the Senate. Introduced February 21, 2025. It now moves to the second chamber.
Where can I track SB 122?
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