What Happens to Real Property When Someone Dies Without a Will in North Carolina?
1. Detailed Answer
When a person dies without a valid will in North Carolina, the estate enters intestate succession under Chapter 29 of the North Carolina General Statutes. The court appoints an administrator—often a close family member—who gathers assets, pays debts and distributes property according to statutory rules. Real property (land and buildings) must go through probate to transfer legal title from the decedent to their heirs.
Key North Carolina steps include:
- Opening probate: File a petition in the clerk of superior court under G.S. 28A-2-2.
- Appointment of administrator: The court issues Letters of Administration to the appointed representative.
- Inventory and appraisal: The administrator lists and values the decedent’s assets, including real property.
- Creditors’ claims: Creditors must file claims within three months per G.S. 28A-19-3.
- Distribution of property: After debts and expenses, the administrator follows the intestate hierarchy in G.S. 29-14 and G.S. 29-15.
Under North Carolina law, real property passes as follows when there’s no surviving spouse or descendants:
- If the decedent has a surviving spouse but no children, the spouse inherits the entire estate.
- If the decedent has a spouse and children, the spouse receives the first tier (varying percentages), and the balance divides among the children.
- If there’s no spouse or child, property goes to parents, then siblings, then more remote relatives.
- If no heirs exist, the estate escheats to the State of North Carolina under G.S. 116B-1.
2. Quick Reference List
- Administrator appointment: Begins probate and grants authority to handle real property.
- Asset inventory: Includes appraisal of land, houses and other real estate.
- Intestate distribution: Governed by G.S. 29-14 and 29-15 priority rules.
- Transfer of title: Completed by deed or court order after distribution.
- Escheat: Occurs only if no lawful heirs exist.
Contact Pierce Law Group
Handling real property through intestate succession can feel overwhelming. Pierce Law Group guides families every step of the way. To discuss how North Carolina law applies to your situation, email us at intake@piercelaw.com or call (919) 341-7055. Let us help you navigate probate with confidence.
