Probate Q&A Series

How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will?

Detailed Answer

In North Carolina, when someone dies without a will (intestate), state law determines who inherits the estate. A surviving spouse has a statutory share under the intestate succession statutes in Chapter 29 of the North Carolina General Statutes. Here’s how to protect your rights and proceed:

1. Calculate Your Statutory Share

If the decedent leaves you and descendants, you receive the first $100,000 of the estate’s value plus one-half of the remainder (G.S. 29-14). If there are no descendants or surviving parents, you inherit the entire estate (G.S. 29-15).

2. Open an Intestate Estate

To claim your share, you must open an estate in the county where the decedent resided. File a petition for Letters of Administration with the clerk of superior court. As the surviving spouse, you may serve as the personal representative under G.S. 28A-11-2.

After your appointment, take the oath and post any required bond under G.S. 28A-11-3. Prepare and file an inventory of the estate’s assets and notify known creditors.

3. Sell Real Property

As personal representative, you can sell real property after providing creditor notice and waiting at least 30 days from issuance of letters. File a petition for authority to sell under G.S. 28A-19-1, publish a notice of hearing, and obtain a court order. Once authorized, execute the sale and deliver the deed to the buyer.

If the estate qualifies as a small estate, you may use summary administration under G.S. 28A-19-2, which can speed up distribution without formal administration.

Key Points for Surviving Spouses

  • Review intestate succession rules in Chapter 29 of the NC General Statutes.
  • File for Letters of Administration in the county of the decedent’s residence.
  • Value the estate and calculate your statutory share per G.S. 29-14 and G.S. 29-15.
  • Notify creditors and wait required periods before distributing assets.
  • Obtain court approval to sell real property via G.S. 28A-19-1.
  • Consider summary administration for small estates under G.S. 28A-19-2.
  • Keep detailed records of filings, notices, and transactions.

Ready to protect your rights and sell inherited property with confidence? Pierce Law Group’s probate attorneys guide surviving spouses through each step. Contact us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.