Detailed Answer

Under North Carolina law, a person remains a legal spouse until the court issues a final divorce decree or annulment. Living apart—even for many years—does not end the marriage in the eyes of the law. As a result, a long-separated spouse who has not obtained a finalized divorce still qualifies as a surviving spouse for purposes of intestate succession.

North Carolina’s intestacy statutes set out how an estate passes when someone dies without a valid will. The key provision is N.C.G.S. § 29-14. It explains how to divide the estate between the surviving spouse and other heirs, such as children or parents.

Key points under N.C.G.S. § 29-14:

• If the decedent left no children or parents, the surviving spouse inherits the entire estate.
• If the decedent left children all of whom are also children of the surviving spouse, the spouse receives the entire estate.
• If the decedent left children from another relationship, the spouse takes the first $60,000 plus one-half of the balance of the intestate estate.

Because separation alone does not end the marriage, a separated spouse retains these rights. Only a final judgment of divorce or annulment ends the spousal relationship and bars intestate inheritance rights.

If you or a loved one faces questions about intestate succession, consult an experienced probate attorney. We help you understand how separation, divorce actions, and the timing of a spouse’s death affect inheritances in North Carolina.

Key Points to Remember

• Separation without a final divorce does not terminate the marriage under North Carolina law.
• N.C.G.S. § 29-14 governs how a decedent’s estate passes to a surviving spouse.
• A living-apart spouse still qualifies as a surviving spouse until the court grants a divorce.
• Divorce or annulment must be final before death to remove spousal inheritance rights.
• Consult a probate attorney early to plan for intestate scenarios and avoid uncertainty.