Can an engaged partner inherit property if a North Carolina resident dies without a will?
Detailed Answer
When a North Carolina resident dies without a valid will, the court applies intestate succession rules under Chapter 29 of the North Carolina General Statutes. These rules only grant inheritance rights to legal heirs. An engaged partner, however committed, cannot inherit under intestacy because they are not a legal spouse.
Intestate Succession in North Carolina
North Carolina law recognizes only a surviving spouse and blood relatives as heirs when someone dies without a will. A couple must be legally married at the time of death for one to inherit as a spouse. Engagement alone offers no inheritance rights.
According to N.C.G.S. § 29-15, a surviving spouse receives the first $100,000 of the estate plus one half of the balance when the decedent leaves descendants. N.C.G.S. § 29-14 covers estate distribution if there is no surviving spouse or descendants. Neither statute includes an engaged partner as an heir.
Learn more: N.C.G.S. § 29-14 | N.C.G.S. § 29-15
Non-Probate Transfer Options
Certain assets pass outside of probate. An engaged partner may inherit through these methods if the decedent named them before death:
- Joint tenancy with right of survivorship on real estate or bank accounts
- Payable-on-death (POD) designations for bank or brokerage accounts
- Transfer-on-death (TOD) registration for securities
- Life insurance policies and retirement accounts with the partner as beneficiary
- Revocable living trusts naming the partner as a beneficiary
To protect an engaged partner, the decedent must set up these transfer methods during life. Update beneficiary designations, add joint owners, or create a trust or will naming the partner.
Key Takeaways
- Engagement does not grant inheritance rights under North Carolina intestacy laws.
- Only a legal spouse qualifies to inherit without a will.
- Non-probate tools ensure an engaged partner can receive assets.
- Beneficiary designations and joint ownership must be in place before death.
- Consult a qualified probate attorney to develop a plan that protects your partner.
Protect your loved one and ensure your wishes are honored. If you have questions about inheritance rights or need help with estate planning, contact Pierce Law Group. Email us at intake@piercelaw.com or call (919) 341-7055 today.
