1. Detailed Answer

When someone dies without a will in North Carolina, the court follows intestate succession rules. You start the process by filing a petition for administration in the clerk of superior court’s office. The court then appoints an administrator who steps into the role of a personal representative.

Opening an Intestate Probate Estate

1. File a Petition for Administration: Under N.C. Gen. Stat. § 28A-12-2, you petition the clerk of superior court to issue letters of administration.
2. Provide Required Documents: Submit the original death certificate, a list of known assets, and a sworn statement of heirs (names and addresses).
3. Obtain Letters of Administration: Once the clerk reviews your petition and issues letters, you gain the authority to collect assets, pay debts, and distribute property.
4. Identify Heirs: North Carolina’s intestacy statute (N.C. Gen. Stat. § 29-14) defines who inherits when there’s no valid will. Typically, assets pass to a spouse, children, parents, or more distant relatives if no immediate family exists.

Handling a Wrongful Death Claim

Wrongful death claims in North Carolina must proceed in the name of the personal representative. State law directs how recovery—from a lawsuit or settlement—flows to family members.

1. Authorize the Claim: After letters of administration issue, the personal representative files the wrongful death action on behalf of the estate and the family.
2. Pursue Damages: The representative seeks compensation for funeral expenses, medical bills, lost income, and pain and suffering.
3. Distribute Recovery: Under N.C. Gen. Stat. § 28A-18-2, the court approves distribution of net proceeds to beneficiaries according to priority: spouse, children, parents, and other heirs.

2. Key Points to Remember

• Intestate probate begins with a petition for administration under N.C. Gen. Stat. § 28A-12-2.
• The clerk appoints an administrator who acts as the estate’s personal representative.
• Heirs inherit based on North Carolina’s intestacy rules found in N.C. Gen. Stat. § 29-14.
• A personal representative must file a wrongful death claim on behalf of the estate and beneficiaries.
• Distribution of wrongful death recovery follows the priorities in N.C. Gen. Stat. § 28A-18-2.
• Keeping clear records and following court procedures helps avoid delays and disputes.

Contact Pierce Law Group

Dealing with probate administration and a wrongful death claim at the same time can overwhelm even the most organized families. At Pierce Law Group, our attorneys handle probate filings, asset collection, injury claims, and estate distributions under North Carolina law. We guide you through each step to protect your loved one’s legacy and secure fair compensation. To discuss your case, email us at intake@piercelaw.com or call (919) 341-7055 today.