Short Answer

Yes—under North Carolina’s intestacy rules, if your parent dies without a valid will, has no surviving spouse, and you are the only surviving child, you inherit the entire probate estate after debts and expenses are paid. Property with beneficiaries or survivorship rights (like joint accounts or life insurance) does not pass through the estate. If a copy of an old will surfaces but the original cannot be found, the law presumes revocation unless a lost-will proceeding proves otherwise.

Understanding the Problem

In North Carolina, can you, as the only surviving child, receive everything if your mother dies without a will? Your concern is focused on intestate inheritance, and whether a missing, outdated will or your niece’s power of attorney changes the result. One salient fact here: your mother’s spouse and other children have predeceased her.

Apply the Law

North Carolina’s intestate succession law distributes property when no valid will is probated. If there is no surviving spouse, the decedent’s children are first in line; a sole surviving child takes 100% of the probate estate, subject to payment of debts, claims, and costs. Some assets transfer outside probate by beneficiary designation or survivorship. If an original will cannot be found at death, the law presumes it was revoked; a copy can be admitted only through a lost-will proceeding with specific proofs. The Clerk of Superior Court (probate division) is the forum for these matters; certain notices and deadlines apply, including the duty to deliver any found will within 60 days after death.

Key Requirements

• No valid will admitted to probate: If no original will is probated, the estate follows intestacy. A missing original is presumed revoked unless proven as a lost will.
• No surviving spouse: With no spouse and one surviving child, that child takes the entire probate estate.
• Probate vs. non‑probate assets: Only probate assets are distributed by intestacy; jointly owned property with survivorship and beneficiary‑designated assets pass outside the estate.
• Debts and expenses first: Estate debts, claims, and costs are paid before distribution.
• Lost‑will path (if a copy exists): To admit a copy, you must show due execution, the will’s contents, that it was lost/destroyed without the testator’s intent to revoke, and that a diligent search failed to locate the original.
• Proper forum and notice: Filings occur with the Clerk of Superior Court in the county of domicile, with required service/notice to interested parties in estate proceedings.

What the Statutes Say

• North Carolina Gen. Stat. § 29-15 (Order of intestate succession) – Children are first in line when there is no spouse; a sole child takes all.
• North Carolina Gen. Stat. § 28A-2A-2 (Delivery of will to clerk) – Any will found must be delivered to the clerk within 60 days after death.
• North Carolina Gen. Stat. § 28A-2-4 (Clerk’s estate jurisdiction) – Clerk of Superior Court has exclusive original jurisdiction over probate and estate proceedings.
• North Carolina Gen. Stat. § 31-32 (Caveats to wills) – Caveat deadline runs from probate; used if a will is later contested.

Analysis

Apply the Rule to the Facts: Because your mother’s spouse and other children predeceased her, if no valid will is admitted, North Carolina intestacy gives you, as the sole surviving child, 100% of the probate estate after paying debts and expenses. The niece’s power of attorney does not control inheritance and ends at death. If a copy of an old will surfaces but the original cannot be located, there is a presumption of revocation; only a successful lost‑will proceeding would shift distribution away from intestacy.

Process & Timing

1. Who files: The surviving child (or another interested person). Where: Clerk of Superior Court in the North Carolina county where your mother was domiciled at death. What: If no will, file the Application for Letters of Administration (AOC‑E‑202) to open an intestate estate. If a copy of a will exists but the original is missing, file a verified petition to probate a lost or destroyed will and serve all interested parties. When: After death; if any will is found, it must be delivered to the clerk within 60 days.
2. After qualification in an intestate estate, publish a Notice to Creditors and allow the statutory claim period to run. Collect assets, pay valid claims, and address any real property needs (such as sales) through the clerk’s procedures.
3. File a final account with the clerk and distribute the remaining probate assets. If intestate and you remain the only heir, distribution is to you. If a lost will is admitted, distribute under that will.

Exceptions & Pitfalls

• Non‑probate transfers: Joint accounts with right of survivorship, transfer‑on‑death/pay‑on‑death designations, life insurance, and retirement accounts with beneficiaries pass outside intestacy. They may reduce or eliminate what’s in the probate estate.
• Missing original will: The law presumes revocation if the original can’t be found; proving a copy requires strong evidence of due execution, contents, no intentional revocation, and diligent search.
• Notice and challenge risk: Lost‑will proceedings require Rule 4 service on interested parties and can trigger litigation (e.g., a caveat). If a will is probated in solemn form without objection, later caveats are barred.
• Real property nuances: In intestacy, title to non‑survivorship real property vests in heirs at death, but the estate may still need court authority to manage or sell it to pay debts.
• Powers of attorney: A power of attorney ends at death and does not determine heirs or distribution.

Talk to a Probate Attorney

If you’re dealing with a no‑will situation and want to confirm whether you will inherit the entire probate estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.