Short Answer

Under North Carolina’s intestate succession rules, if someone dies without a will and leaves a child but no spouse, the child inherits the entire probate estate. A surviving parent does not inherit ahead of a surviving child. Because a minor cannot receive funds directly, the child’s share is managed for the child—often through a UTMA custodianship, a guardianship of the estate, or by depositing funds with the Clerk of Superior Court. For small bank accounts, a collection-by-affidavit option may be available.

Understanding the Problem

In North Carolina, can a surviving parent receive any of a decedent’s bank accounts when the decedent dies without a will, leaves a minor child, and there is no real estate? This question comes up when a family needs to move a modest bank balance to the right party and manage it properly for a minor.

Apply the Law

North Carolina’s intestate succession law controls who inherits when there is no will. Children take before parents. If there is no surviving spouse but there is a surviving child, the child receives the entire probate estate. The Clerk of Superior Court in the county where the decedent was domiciled oversees the process. For small estates consisting only of personal property, North Carolina allows transfer by affidavit once 30 days have passed and no personal representative has been appointed. When a minor is entitled to receive funds, those funds must be managed by an adult or the court, commonly through a UTMA custodianship, a guardianship, or a deposit with the clerk.

Key Requirements

• Intestate order of heirs: With no will and no surviving spouse, a surviving child takes the entire probate estate; parents do not inherit ahead of the child.
• Minor’s property management: A minor cannot receive funds directly; distributions are handled via a UTMA custodian, a court‑appointed guardian of the estate, or a deposit with the clerk.
• Small estate affidavit: If total probate personal property is $20,000 or less, an eligible affiant may file an Affidavit for Collection 30+ days after death, provided no personal representative has been appointed.
• Venue and office: File in the Clerk of Superior Court for the county of the decedent’s domicile.
• Out‑of‑state administrator: A nonresident can often serve but must be qualified and appoint a North Carolina resident process agent.

What the Statutes Say

• North Carolina Gen. Stat. § 29-15 (Order of intestate succession) – Establishes the classes of heirs; children take before parents when there is no spouse.
• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit—intestate) – Allows collection of personal property by affidavit when the estate is small and 30 days have passed.
• North Carolina Gen. Stat. § 28A-23-2 (Payment to clerk for minor) – Permits a personal representative to deliver a minor’s share to the clerk for management or to facilitate appointment of a guardian.
• North Carolina Gen. Stat. § 33A-6 (UTMA transfers by fiduciary) – Allows a personal representative to transfer to a UTMA custodian; clerk approval is required for larger transfers or certain conflicts.

Analysis

Apply the Rule to the Facts: Because the decedent died without a will, left a minor child, and had no surviving spouse, the minor child inherits the entire probate estate. The surviving parent (the decedent’s mother) does not inherit. If the bank accounts are solely in the decedent’s name and the total probate personal property is $20,000 or less, a collection-by-affidavit may be used after 30 days. The child’s funds must then be placed with a UTMA custodian, a guardian of the estate, or deposited with the clerk for the child’s benefit.

Process & Timing

1. Who files: An eligible affiant (for an intestate small estate, typically an heir acting through a parent/guardian, or a creditor) may proceed. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: AOC‑E‑203B, Affidavit for Collection of Personal Property of Decedent (for deaths on/after Jan. 1, 2012). When: File once 30 days have passed and no personal representative has been appointed.
2. Use certified copies of the filed affidavit to collect funds from the bank. Expect the bank to release funds once it receives the certified affidavit and any required identification; timing varies by institution and county practice.
3. Deliver the net proceeds for the minor’s benefit: set up a UTMA custodianship (clerk approval is required for larger transfers or certain conflicts), seek appointment of a guardian of the estate, or deposit the funds with the Clerk of Superior Court under the statute that allows the clerk to hold and manage a minor’s funds.

Exceptions & Pitfalls

• Non‑probate assets: Accounts with a pay‑on‑death beneficiary or joint ownership with survivorship are not part of the probate estate and follow their contract terms.
• Over the $20,000 limit: If probate personal property exceeds $20,000, formal administration is typically required rather than an affidavit.
• Affiant eligibility: The decedent’s parent is not an intestate heir if a child survives; if the parent seeks to act, they may need creditor status or appointment as administrator.
• Out‑of‑state administrator: A nonresident can often serve but must be qualified and must appoint a North Carolina resident process agent with the clerk.
• Minor’s funds: Do not pay funds directly to a minor. Use a UTMA custodianship, a guardianship, or deposit with the clerk. Clerk approval is required for certain UTMA transfers (for example, larger amounts or where the transferor could benefit).
• Creditors: Affidavit collections do not cut off creditor claims; consider formal administration if there are disputed debts.

Talk to a Probate Attorney

If you’re dealing with an intestate estate that involves a minor child and need to move a small bank account properly, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.