Detailed Answer
When a North Carolina resident dies intestate—meaning without a valid will—the North Carolina Intestate Succession Act (Chapter 29 of the N.C. General Statutes) decides who receives the estate. If the decedent leaves no surviving spouse and three living children, the law divides the probate estate equally among those children.
Key Statutes
- G.S. 29-15 – Establishes the order of inheritance when the decedent leaves children but no spouse.
- G.S. 29-16 – Explains representation: how a deceased child’s share passes to that child’s descendants.
- G.S. 29-17 – Confirms adopted children inherit just like biological children.
How the Shares Divide
Because there is no spouse, 100 percent of the probate estate goes to the decedent’s lineal descendants. With three living children, the calculation is simple:
- Child 1 – one-third (33⅓ %)
- Child 2 – one-third (33⅓ %)
- Child 3 – one-third (33⅓ %)
What if One Child Predeceased the Decedent?
Suppose Child 3 died before the parent but left two children (grandchildren of the decedent). Under G.S. 29-16, Child 3’s one-third passes by representation to those grandchildren. Each grandchild would receive half of Child 3’s one-third share (so one-sixth of the estate each).
Assets That Bypass Intestate Succession
Only probate assets follow intestate rules. The following transfer automatically and are not divided under Chapter 29:
- Joint bank accounts with right of survivorship
- Retirement accounts or life insurance with named beneficiaries
- Real estate held as tenants by the entirety (spouses only) or with right of survivorship
- Pay-on-death (POD) and transfer-on-death (TOD) designations
Practical Probate Steps for the Children
- Open the estate. One child petitions the clerk of superior court in the county where the decedent resided to become personal representative.
- Inventory assets. Identify probate property such as solely owned real estate, vehicles, personal property, and solely titled bank accounts.
- Pay valid claims. Under G.S. 28A-19-3, debts and taxes must be settled before distribution.
- Distribute in equal shares. After creditors are paid, the representative issues one-third to each living child (or to grandchildren if a child is deceased).
- File a final accounting. Close the estate with the clerk.
Special Situations to Watch
- Half-siblings. Children of different parents still inherit equally (G.S. 29-18).
- Adopted-out children. They inherit from adoptive parents, not biological parents, unless adopted by a stepparent (see G.S. 48-1-106).
- Child support arrears. A deceased child who owed support may have a creditor claim against their share.
- Minor heirs. If any child or grandchild is under 18, the clerk may require a guardian or custodial account before release of funds (Chapter 35A).
Helpful Hints
- Order at least 5–10 certified death certificates; banks and title companies will ask for originals.
- Gather account statements dated at death—these establish the estate’s inventory value.
- File the estate within 60 days if possible; delays can create tax and creditor issues.
- Keep meticulous records. The clerk may surcharge a personal representative who cannot prove distributions.
- Confirm beneficiary designations on life insurance before sending estate funds to creditors; non-probate proceeds never pay estate debt unless voluntarily used.
- Consider a Family Settlement Agreement if heirs want an unequal split; unanimous, written consent can reshape distributions.
Need guidance? Intestate estates look simple, but creditor timelines, tax returns, and title issues can trip up families. Pierce Law’s probate team helps clients across North Carolina move estates from opening petition to final accounting quickly and correctly. Call us today at (919) 341-7055 for a confidential consultation.
