Short Answer

In North Carolina, if a person dies without a will and is survived by one or more children (or grandchildren of a deceased child), the children inherit the estate. A surviving parent does not inherit in that situation. If the decedent co-owned real estate with a parent, the deed controls: with a stated right of survivorship, the parent takes full title outside probate; without survivorship, the decedent’s share passes to the children.

Understanding the Problem

You want to know, under North Carolina probate law, who inherits when a decedent leaves children and a surviving parent, and how that affects a family property. Here, a parent remains listed as an owner on the property. The decision point is: when children survive, does a parent receive a share, and what does the deed’s wording mean for the property?

Apply the Law

North Carolina’s intestacy rules give priority to lineal descendants. When any child (or a deceased child’s descendants) survive, they take the estate ahead of parents. Title form matters for co-owned real estate: survivorship language on the deed causes the decedent’s interest to pass to the surviving co-owner outside probate; otherwise, the decedent’s undivided share passes to heirs. Real property that does not pass by survivorship vests in the heirs at death, but it remains subject to administration for estate debts if needed. The Clerk of Superior Court is the forum for opening the estate.

Key Requirements

• Children survive: If at least one child (or that child’s descendants) survives, they inherit; a surviving parent does not share.
• No spouse in the mix: These rules assume no surviving spouse; a spouse would change the shares.
• Deed controls co-owned real estate: Express “right of survivorship” on the deed sends the property to the surviving co-owner; no survivorship means the decedent’s share passes to heirs.
• Heirs take title at death (no survivorship): Nonsurvivorship real estate vests in the heirs at death and can still be reached in administration to pay valid claims.
• Mortgages and liens remain: Heirs take subject to existing encumbrances, and the personal representative may need to address debts during administration.

What the Statutes Say

• North Carolina Gen. Stat. § 29-15 (Order of intestate succession) – Children and their descendants take before parents.
• North Carolina Gen. Stat. § 29-16 (Distribution among a class) – How shares are determined among descendants.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of property) – Nonsurvivorship real property vests in heirs at death.
• North Carolina Gen. Stat. § 41-2 (Survivorship in joint tenancy) – Survivorship exists only if the instrument expressly provides it.

Analysis

Apply the Rule to the Facts: Because the decedent is survived by two children, they are the heirs; the surviving parent does not inherit from the intestate estate. The parent’s existing ownership on the property stays intact. If that deed includes a clear right of survivorship between the decedent and the parent, the parent now holds full title to that property outside probate; if it does not, the decedent’s undivided share passes to the two children. Any mortgage continues to encumber the property.

Process & Timing

1. Who files: An heir. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: Application for Letters of Administration (AOC-E-202) and supporting documents. When: File before dealing with estate assets or attempting any sale or refinance tied to the decedent’s interest.
2. Obtain and review the recorded deed from the Register of Deeds to confirm title form (right of survivorship vs. tenants in common) and pull the mortgage documents; this typically takes days to a couple of weeks depending on county access.
3. After qualification, provide notice to creditors as required by law, inventory assets, and resolve valid claims. If the deed lacks survivorship, the heirs already hold title to the decedent’s share at death; coordinate with the personal representative and lender before any transfer. Finalize distributions consistent with intestacy.

Exceptions & Pitfalls

• Presence of a surviving spouse changes the analysis; spouse shares are different and can reduce what children receive.
• Deed wording matters: without explicit survivorship language, the decedent’s share does not pass to the co-owner automatically.
• Adopted and nonmarital children can inherit if statutory requirements are met; verify legal parent-child relationships early.
• Heirs take subject to liens; falling behind on a mortgage can trigger default even while the estate is open.
• Real property that vests in heirs can still be reached or sold in an estate proceeding if needed to pay valid estate debts.
• Do not assume “half to the parent, half to the kids” when children survive; that is not how North Carolina intestacy works in this scenario.

Talk to a Probate Attorney

If you’re sorting out who inherits when children survive and a parent is on the deed, our firm can help you interpret the deed, review the mortgage, and guide the estate process. Call us today at 0000000000.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.