How Do I Proceed When There Is No Last Will in North Carolina?
Detailed Answer
When a person dies without a valid will in North Carolina, their estate passes through intestate succession. Intestate succession follows the order of inheritance set out in N.C. Gen. Stat. § 29-14. The first step involves asking the clerk of superior court in the decedent’s county of residence to appoint a personal representative. North Carolina law names close relatives—starting with a surviving spouse or adult child—to serve in that role under N.C. Gen. Stat. § 28A-15-1.
To begin, you file a petition with the clerk’s office and attach a certified copy of the death certificate. The clerk reviews the petition and issues letters of administration once it confirms that no valid will exists and no one else filed first. As personal representative, you gather assets, notify creditors and heirs, and prepare an inventory. You use estate funds to pay valid debts and taxes. After settling debts, you distribute remaining assets according to the intestate shares set forth in Chapter 29.
Key Steps for Proceeding When There’s No Will
- Confirm the decedent’s last residence and collect information on all assets.
- Identify heirs and determine their shares under N.C.G.S. § 29-14.
- File a petition for letters of administration with the clerk of superior court.
- Submit a certified death certificate and pay any required filing fee.
- Obtain letters of administration and publish notice to creditors.
- Gather the decedent’s assets and file an inventory with the court.
- Pay outstanding debts, funeral expenses, and estate taxes from estate funds.
- Distribute the remaining property to heirs according to North Carolina law.
Get Help with Intestate Administration
Navigating probate without a will can feel overwhelming. Pierce Law Group has experienced attorneys who guide you through each step of intestate administration. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation today.
