North Carolina 2025 Session Status: In Committee 3 R cosponsors

HB 334 — General Statutes Commission Uniform Community Property Disposition at Death Act.

Last action — Passed 1st Reading

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

This bill is in committee in the House. Introduced March 06, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 20% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

225 added · 224 removed

Plain-language change summary

In the latest version of House Bill 334, the amendment clarifies the definition of "State" by specifying it includes U.S. territories and recognized Indian tribes. Additionally, the structure of the law regarding community property has been slightly adjusted, particularly in how it references property ownership after a person's death. These changes matter because they ensure that the definitions are precise and inclusive, allowing for better understanding and application of property laws within the state.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 334 Short Title:
334 Mar 6, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40220-MUz-4A Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Judiciary 2, if favorable, Rules, Calendar, and Operations of the House March 10, 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:
b.
*H334-v-1* General Assembly Of North Carolina Session 2025 b.
*DRH40220-MUz-4A* General Assembly Of North Carolina Session 2025 (11) State.
(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.
(b) A community-property spouse domiciled in this State may waive a right granted by this Article only by complying with the law of this State, including this State's choice-of-law rules, applicable to waiver of a spousal property right.
Page 2 House Bill 334-First Edition General Assembly Of North Carolina Session 2025 (b) A community-property spouse domiciled in this State may waive a right granted by this Article only by complying with the law of this State, including this State's choice-of-law rules, applicable to waiver of a spousal property right.
Page 2 DRH40220-MUz-4A 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.
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 House Bill 334-First Edition Page 3 General Assembly Of North Carolina Session 2025 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 DRH40220-MUz-4A 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 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:
(c) With respect to real property to which this Article applies, a lien creditor or a purchaser for value of the property is not liable under this Article unless, before the lien was acquired or the purchase was made, the community-property spouses gave notice in a registered instrument of their intention for this Article to apply to the property.
(c) With respect to real property to which this Article applies, a lien creditor or a purchaser for value of the property is not liable under this Article unless, before the lien was Page 4 House Bill 334-First Edition General Assembly Of North Carolina Session 2025 acquired or the purchase was made, the community-property spouses gave notice in a registered instrument of their intention for this Article to apply to the property.
Page 4 DRH40220-MUz-4A General Assembly Of North Carolina Session 2025 "§ 30-51.
"§ 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.
The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform Community Property Disposition at Death Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.
The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all relevant portions of the Official Comments to the Uniform House Bill 334-First Edition Page 5 General Assembly Of North Carolina Session 2025 Community Property Disposition at Death Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.
DRH40220-MUz-4A Page 5 General Assembly Of North Carolina Session 2025 SECTION 6.
SECTION 6.
Page 6 DRH40220-MUz-4A
Page 6 House Bill 334-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 176 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"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

Subjects

housing civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 334?
HB 334 is sponsored by Bill Ward (Republican), William D. Brisson (Republican), and Sarah Stevens (Republican).
What is the current status of HB 334?
This bill is in committee in the House. Introduced March 06, 2025. It must pass committee before a floor vote.
Where can I track HB 334?
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