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State rules · North Carolina

North Carolina: estate, probate and Medicaid rules in one place

What applies in North Carolina, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does North Carolina have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for North Carolina, so it cites no state statute; the state page records no state estate or inheritance tax.

Does North Carolina have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for North Carolina, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in North Carolina?

Transfer-on-death deed for real estate: None — not available for real property. No TOD-deed statute enacted — bills failed; verify with the county register of deeds

What is the Medicaid look-back period in North Carolina?

Look-back period: 60 months from the starting point, which is the earliest date the person is institutionalized or requests CAP or PACE and applies for Medicaid (North Carolina Medicaid Manual MA-2240, Transfer of Assets; Revised December 8, 2025 — Change No. 11-25).

Does North Carolina tax Social Security benefits?

Social Security benefits: Exempt (2025 D-401 Individual Income Tax Instructions; tax year 2025).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for North Carolina, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for North Carolina, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No TOD-deed statute enacted — bills failed; verify with the county register of deeds

· Checked July 26, 2026

Controlling statute
Not primary-verified

No TOD-deed statute enacted — bills failed; verify with the county register of deeds

· Checked July 26, 2026

Small-estate procedure

Affidavit ceilings
$20,000 after 30 days; $30,000 when a surviving spouse is sole heirVerified

Source: N.C. Gen. Stat. §§ 28A-25-1 and 28A-25-1.1 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

MAABD one-person income standard
$1,330 per monthVerified
  • Applies to: one-person household.

Source: North Carolina DHHS 2026 Non-MAGI Income and Reserve Limits · Effective: Effective April 1, 2026 · Checked September 2, 2026

MAABD applicant reserve limit
$2,000Verified
  • Applies to: single applicant.

Source: North Carolina DHHS 2026 Non-MAGI Income and Reserve Limits · Effective: Effective April 1, 2026 · Checked September 2, 2026

Current community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: North Carolina Medicaid Manual MA-2231, Community Spouse Resource Protection · Effective: 2026 amounts effective January 1, 2026; manual revised December 8, 2025 · Checked September 2, 2026

Basic community-spouse maintenance allowance
$2,705 per monthVerified
  • Applies to: institutionalized applicant with a community spouse; $812 shelter standard and $902 maximum dependent-family allowance are separate calculation inputs.

Source: North Carolina DHHS Change Notice 08-2026 · Effective: Basic spousal allowance and shelter standard effective July 1, 2026 · Checked September 2, 2026

Current home-equity limit
$752,000Verified
  • Applies to: applicant subject to North Carolina's substantial-home-equity rule.

Source: North Carolina Medicaid Manual MA-2242, Home Equity Value and Eligibility for Institutional Services · Effective: 2026 amount effective January 1, 2026; manual revised December 8, 2025 · Checked September 2, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months from the starting point, which is the earliest date the person is institutionalized or requests CAP or PACE and applies for MedicaidVerified

Source: North Carolina Medicaid Manual MA-2240, Transfer of Assets · Effective: Revised December 8, 2025 — Change No. 11-25 · Checked September 2, 2026

Transfer-penalty divisor
$396 per dayVerified

Source: North Carolina DHHS Change Notice 07-26 · Effective: Dated June 8, 2026; effective upon receipt · Checked September 2, 2026

How the state administers the penalty
North Carolina reviews all transfers on or after the fixed look-back date; cumulative uncompensated transfers in the period are treated as one transfer and one sanction period. The local agency does not delay initial institutional-services approval solely for the transfer review and must complete the evaluation within three full calendar months.Verified

Source: North Carolina Medicaid Manual MA-2240, Transfer of Assets · Effective: Revised December 8, 2025 — Change No. 11-25 · Checked September 2, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
North Carolina files a claim against the deceased recipient's estate for covered long-term-care and related services: for permanently institutionalized recipients under 55 and for recipients 55 or older who received covered nursing-facility, CAP or other specified HCBS, personal-care, related hospital, or prescription services under the manual's rules.Verified

Source: North Carolina Medicaid Manual MA-2285, Estate Recovery · Effective: Revised May 22, 2023 — Change No. 08-23 · Checked September 2, 2026

Controlling authority
North Carolina General Statutes § 108A-70.5, administered through Medicaid Manual MA-2285.Verified

Source: North Carolina Medicaid Manual MA-2285, Estate Recovery · Effective: Revised May 22, 2023 — Change No. 08-23 · Checked September 2, 2026

Exemptions and deferrals
DHB waives recovery when total estate assets are under $50,000 or total Medicaid benefits paid are under $10,000, and defers while a spouse survives, a child is under 21, or a child of any age is blind or disabled.Verified

Source: North Carolina Medicaid Manual MA-2285, Estate Recovery · Effective: Revised May 22, 2023 — Change No. 08-23 · Checked September 2, 2026

Hardship waiver
A hardship claim must be filed within 60 days of notice. Grounds include qualifying sole-income-producing estate property with household income below 200% of the federal poverty level, or forced sale of a qualifying heir's residence under the manual's residency, income, ownership, and asset tests.Verified

Source: North Carolina Medicaid Manual MA-2285, Estate Recovery · Effective: Revised May 22, 2023 — Change No. 08-23 · Checked September 2, 2026

Lien practice
North Carolina estate recovery is a post-death estate claim; MA-2285 expressly states that estate recovery does not include placing a lien on the property. DHB may take legal measures to secure a deferred claim against estate property.Verified

Source: North Carolina Medicaid Manual MA-2285, Estate Recovery · Effective: Revised May 22, 2023 — Change No. 08-23 · Checked September 2, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Social Security benefits included in federal adjusted gross income are deducted from North Carolina income.

Source: 2025 D-401 Individual Income Tax Instructions · Effective: tax year 2025 · Checked December 31, 2025

Public pensions
Exempt when conditions are metVerified
  • Qualifying Bailey public retirement benefits are exempt; other public pensions are not inferred exempt.
  • The plan must be a qualifying North Carolina state/local or federal government retirement system under Bailey; other-state plans are excluded.
  • Generally requires at least five years of creditable service as of August 12, 1989, subject to plan-specific rules.

Source: 2025 D-401 Individual Income Tax Instructions · Effective: tax year 2025 · Checked December 31, 2025

Private pensions
TaxedVerified
  • Private pension income follows federal adjusted gross income unless another specifically enumerated deduction applies.

Source: 2025 D-401 Individual Income Tax Instructions · Effective: tax year 2025 · Checked December 31, 2025

IRA and 401(k) distributions
Exempt when conditions are metVerified
  • Only an exact Bailey-qualified 401(k), 457, or rollover account can preserve exempt treatment; generic IRA/401(k) distributions are not exempt.
  • The plan must be a qualifying North Carolina state/local or federal government retirement system under Bailey; other-state plans are excluded.
  • Generally requires at least five years of creditable service as of August 12, 1989, subject to plan-specific rules.
  • State 401(k)/457 contributions must have been made or contracted before August 12, 1989; local 457 and 403(b) plans do not qualify.
  • A rollover can lose Bailey character unless the receiving account independently qualifies.

Source: 2025 D-401 Individual Income Tax Instructions · Effective: tax year 2025 · Checked December 31, 2025

Military retirement pay
Exempt when conditions are metVerified
  • Qualifying military retirement and Survivor Benefit Plan payments are deductible.
  • Requires at least 20 years of service or medical retirement under 10 U.S.C. Chapter 61.
  • Severance pay and Thrift Savings Plan payments do not qualify under the military-retirement deduction.
  • A qualifying Survivor Benefit Plan beneficiary may deduct the payment.

Source: Important Notice: North Carolina Enacts New Deduction for Certain Military Retirement Pay and Survivor Benefit Plan Payments · Effective: tax year 2021 · Checked August 5, 2022

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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