If you die without a will in North Carolina, your assets will go to your closest relatives under state "intestate succession" laws. Here are some details about how intestate succession works in North Carolina.
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in North Carolina.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
|
If you die with: |
here's what happens: |
| children but no spouse | children inherit everything |
| spouse but no descendants or parents | spouse inherits everything |
| spouse and one child or descendants of one child | spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse's share |
| spouse and two or more children or descendants of those children | spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance) children or descendants inherit 2/3 of your intestate real estate and any intestate personal property remaining after the spouse's share |
| spouse and parents | spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $100,000 or less, your spouse inherits all of it; if you have more than $100,000 worth of personal property, your spouse inherits $100,000 plus 1/2 of the balance) parents inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse's share |
| parents but no spouse or descendants | parents inherit everything |
| siblings but no spouse, descendants, or parents | siblings inherit everything |
In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $150,000 worth of additional personal property that would have passed under a will if she had made one. Joe inherits $125,000 worth of that property -- that is, $100,000 plus $25,000 (half of the $50,000 balance). The remaining $25,000 worth of Gerry's intestate property goes to Gerry's father.
If you die with one child or descendants of that child. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.
Example: Bill is married to Karen, and they have a son in college. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of personal property that would have passed under a will, so Karen inherits $130,000 worth of that property -- that is, $60,000 plus $70,000 (half of the $140,000 balance). The remaining $70,000 goes to the couple's son.
If you die with two or more children, or descendants of those children. Your surviving spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property, as described in the chart above.
Example: Barrett is married to Jed and also has two children from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus a small vacation cabin and $300,000 worth of additional personal property that would have passed under a will if Barrett had made one. When Barrett dies, the cabin passes to Jed and the children in equal shares. Jed inherits $140,000 worth of Barrett's personal property -- that is, $60,000 plus $80,000 (1/3 of the $240,000 balance). Barrett's two children inherit $80,000 each.
If you die without a will in North Carolina, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of North Carolina must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws, you can find a link to North Carolina's intestate succession statutes at the end of this article.
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about North Carolina intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find North Carolina's intestate succession laws here: North Carolina General Statutes § § 29-1 to 29-30.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
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