Short Answer

In North Carolina, if a person dies without a will leaving a surviving spouse and exactly one line of descendants (you), the spouse takes the first $60,000 of personal property, plus half of the remaining personal property and half of the real estate. You take the other half of the personal property (after the $60,000) and the other half of the real estate. Stepchildren do not inherit in intestacy unless they were legally adopted.

Understanding the Problem

In North Carolina probate, can you—as the only biological child—inherit when the decedent left a surviving spouse and stepchildren? One key fact: you were estranged since childhood. This question is about how intestate succession divides assets between a surviving spouse and a single child, and whether stepchildren count.

Apply the Law

North Carolina’s intestate succession rules control when there is no valid will. They first identify the surviving spouse’s share based on who else survives, then the remainder goes to the closest class of heirs—here, the child. For mixed families, stepchildren are not heirs unless adopted. The Clerk of Superior Court (Estates Division) is the primary forum. Real estate shares depend on ownership form at death; survivorship property bypasses intestacy.

Key Requirements

• No will (intestacy): The estate (probate assets) is distributed by statute because there is no valid will.
• Survivors include spouse and one child: The spouse receives the first $60,000 of personal property, then half of the remaining personal property and half of the real property; the child receives the other halves.
• Stepchildren status: Stepchildren do not inherit in intestacy unless legally adopted.
• Property type matters: Personal property is subject to the $60,000 preliminary amount; real property is divided by fractional shares. Non‑probate/survivorship assets pass outside intestacy.
• Title to real estate: Non‑survivorship real property vests in the heirs at death, subject to estate administration for debts if needed.

What the Statutes Say

• N.C. Gen. Stat. § 29-14 (Surviving spouse’s share) – Sets the spouse’s intestate share, including the $60,000 personal property preliminary amount.
• N.C. Gen. Stat. § 29-15 (Order of intestate succession) – Lists the classes of heirs; children are first after the spouse’s share is determined.
• N.C. Gen. Stat. § 28A-15-2 (Title to real property at death) – Heirs take title to non‑survivorship real estate at death, subject to estate needs.
• N.C. Gen. Stat. § 29-19 (Inheritance by children born out of wedlock) – Explains paternity requirements and a notice deadline for a nonmarital child of a deceased father.

Analysis

Apply the Rule to the Facts: With a surviving spouse and exactly one line of descendants (you), the spouse takes the first $60,000 of personal property, plus half of the remaining personal property and half of the real estate; you receive the other halves. Estrangement does not reduce an intestate child’s share. Stepchildren inherit nothing in intestacy unless they were legally adopted. Any asset the decedent was due from another person’s estate becomes part of this decedent’s estate and is divided the same way.

Process & Timing

1. Who files: Any interested heir (including you) may petition to open the estate. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the decedent was domiciled. What: Application for Letters of Administration, followed by Notice to Creditors and an Inventory of the estate. When: Apply promptly to protect estate assets and gather information.
2. Identify assets and how they’re titled: locate bank and investment accounts, vehicles, household items, and real estate records. Determine whether any real property was held with survivorship (which would bypass intestacy) or solely in the decedent’s name (which passes by intestacy). Confirm and claim the decedent’s pending inheritance from the other relative’s estate.
3. After creditor claims are handled and the inventory is complete, distribute probate assets by statute: spouse receives the preliminary $60,000 of personal property and the statutory fractions; you receive the remainder. If a quitclaim deed was recorded by the spouse after death, the administrator should evaluate whether the property was survivorship property; if not, title to the decedent’s share vested in the heirs at death and may require corrective action.

Exceptions & Pitfalls

• Stepchildren do not inherit unless adopted; however, they may have separate support rights (e.g., family allowances) that come from personal property before distribution.
• Survivorship assets (tenancy by the entirety, joint tenancy with right of survivorship, POD/TOD designations, life insurance with a named beneficiary) pass outside intestacy.
• A spouse’s $60,000 year’s allowance and certain elective rights can affect what personal property remains for intestate distribution.
• Post‑death deeds: A quitclaim recorded by the spouse after death does not transfer the decedent’s sole‑owned interest; title to non‑survivorship real estate vested in the heirs at death, subject to administration.
• Paternity issues: A nonmarital child of a deceased father must meet statutory paternity requirements and give timely notice; missing this can forfeit that claim.

Talk to a Probate Attorney

If you’re navigating intestate succession with a surviving spouse and stepchildren, 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.