North Carolina Intestacy Rules Explained: What Happens When No Valid Will Exists?
Detailed Answer
When a North Carolina resident dies without a valid will (or with a will that is ruled invalid), the estate is distributed according to the state’s Intestate Succession Act (N.C. Gen. Stat. Chapter 29). The Clerk of Superior Court appoints an administrator to settle the estate, pay debts, and divide the remaining property. Below is a plain-English overview of how the statute allocates assets.
1. Spouse’s Share
- Spouse only, no descendants or parents: The spouse receives everything. (§ 29-14)
- Spouse and one child (or descendants of that child): The spouse receives the first $60,000 of personal property plus one-half of any balance and one-half of real property. The child receives the other half of both. (§ 29-14(2))
- Spouse and two or more children (or their descendants): The spouse receives the first $60,000 of personal property plus one-third of the balance and one-third of real property. Children split the remaining two-thirds equally by “representation.” (§ 29-14(3))
- Spouse and no descendants but at least one surviving parent: The spouse receives the first $100,000 of personal property plus one-half of the balance and one-half of real property; parents inherit the other half. (§ 29-14(1))
2. Order of Succession When There Is No Spouse
- Children and their descendants (grandchildren, great-grandchildren) inherit equally by representation. (§ 29-15)
- Both parents share the estate equally; if one parent is deceased, the survivor takes all. (§ 29-16)
- Siblings and their descendants inherit next. Half-siblings share equally with whole siblings. (§ 29-17)
- Grandparents, aunts, uncles, and cousins follow in priority if closer relatives do not exist. (§ 29-18)
- If no qualifying heirs survive, the estate escheats to the State of North Carolina. (§ 29-21)
3. Special Points to Know
- Per Stirpes Distribution: Descendants inherit “by representation,” meaning each branch of the family receives an equal share at the first generational level with living heirs.
- Non-Probate Assets: Life insurance, transfer-on-death accounts, jointly held property, and retirement plans with named beneficiaries pass outside intestacy rules.
- Advancements: Large lifetime gifts to children may count toward their share if proven an advancement under § 29-22.
- Disqualification for Wrongful Acts (Slayer Statute): A person who unlawfully kills the decedent cannot inherit. (Chapter 31A, Article 3)
4. Administrator Appointment Process
Any heir, creditor, or suitable person may apply to the Clerk for letters of administration using form AOC-E-202. Priority usually follows the same order as heirs, but the Clerk may appoint a neutral third party if heirs cannot agree. Bond may be required unless waived by all heirs.
Helpful Hints
- Gather the decedent’s birth, marriage, and death certificates—they prove family relationships for the Clerk.
- Create a clear family tree to speed up the administrator’s appointment and asset distribution.
- Track down beneficiary designations before filing; these assets do not enter probate.
- Keep receipts for funeral costs—administrators may reimburse you from estate funds before other claims.
- Consider a small-estate proceeding if personal property is under $20,000 ($30,000 if the spouse is sole heir). (§ 28A-25-1)
Take the Next Step
North Carolina’s intestacy scheme decides who gets what when there is no valid will—but paperwork mistakes, creditor deadlines, and family disputes can derail an estate quickly. Our probate team has handled these issues countless times, and we’re ready to guide you from start to finish. Call us today at (919) 341-7055 or email intake@piercelaw.com for a confidential consultation.
