If the amount of the advancement equals or exceeds the intestate share of the advancee, the advancee shall be excluded from any further portion in the distribution of the estate, but the advancee shall not be required to refund any part of such advancement; and if the amount of the advancement is less than the advancee’s share, the advancee shall be entitled to such additional amount as will give the advancee the advancee’s full share of the intestate donor‘s estate. ?(1959, c. 879, s. 1; 2011-344, s. 5.)

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Terms Used In North Carolina General Statutes 29-25

  • Advancement: means an irrevocable inter vivos gift of property, made by an intestate donor to any person who would be the donor's heir or one of the donor's heirs upon the donor's death, and intended by the intestate donor to enable the donee to anticipate the donee's inheritance to the extent of the gift; except that no gift to a spouse shall be considered an advancement unless so designated by the intestate donor in a writing signed by the donor at the time of the gift. See North Carolina General Statutes 29-2
  • Donor: The person who makes a gift.
  • Estate: means all the property of a decedent, including but not limited to:

    a. See North Carolina General Statutes 29-2

  • Intestate: Dying without leaving a will.
  • Share: when used to describe the share of a net estate or property which any person is entitled to take, includes both the fractional share of the personal property and the undivided fractional interest in the real property, which the person is entitled to take. See North Carolina General Statutes 29-2
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