Detailed Answer
Under North Carolina law, simply filing for divorce does not eliminate a spouse’s right to inherit if the other spouse dies without a will. The complaint for divorce only starts the legal process. Until the court enters an absolute divorce decree, the parties remain legally married and retain all spousal rights.
N.C. Gen. Stat. § 31-2.1 provides that a spouse’s right to inherit by intestate succession ends only when the court grants a final divorce decree. That means a pending divorce case alone does not revoke inheritance rights. Once a judge issues an absolute divorce, the former spouse is treated as if they predeceased the decedent for purposes of intestate succession.
Keep in mind that legal separation or separation agreements do not affect intestate inheritance rights. Only the final judgment of divorce under state law can cut off a spouse’s right to share in an estate when there is no will.
Key Takeaways
- Filing a complaint for divorce does not dissolve the marriage.
- Intestate inheritance rights end only upon entry of an absolute divorce decree under N.C. Gen. Stat. § 31-2.1.
- Legal separation or separation agreements have no effect on intestate succession.
- Until the final decree, the court treats spouses as legally married with full inheritance rights.
- After an absolute divorce, the former spouse is deemed predeceased for intestate purposes.
Pierce Law Group’s attorneys have extensive experience guiding clients through the intersection of divorce and probate. If you have questions about how a pending or finalized divorce affects inheritance rights under North Carolina law, we can help. Contact us by email at intake@piercelaw.com or call (919) 341-7055.
