Understanding Intestate Succession in North Carolina

When someone in North Carolina dies without a valid will, they die intestate. The North Carolina Intestate Succession Act—found in Chapter 29 of the North Carolina General Statutes—governs how their estate distributes. Intestate succession ensures your loved one’s property transfers in a fair and predictable way under state law.

Under G.S. 29-14 and the following sections, the estate administrator must:

1. Identify all assets owned at death—real property, bank accounts, vehicles and personal items.
2. Determine the heirs at law based on the family relationships in the statutes.
3. Obtain a court appointment as estate administrator.
4. Pay valid debts, funeral expenses and taxes.
5. Distribute the remaining assets according to the formulas in Chapter 29.

The shares depend on who survives the decedent:

• Surviving Spouse Only: The spouse inherits the entire intestate estate. (G.S. 29-14(a))
• Spouse and Children: If all children are also children of the surviving spouse, the spouse receives the entire estate. Otherwise:
• First $100,000 plus one-half of the balance to the spouse.
• The remainder to the children in equal shares. (G.S. 29-14(b))
• Children Only (No Spouse): The children share equally. (G.S. 29-16)
• No Spouse or Descendants: The estate passes to parents, then to siblings or their descendants. (G.S. 29-15)
• No Heirs: If no relatives can be found, the estate escheats to the State of North Carolina. (G.S. 29-20)

Key Steps in Intestate Succession Cases

Handling an intestate estate involves clear steps to protect heirs and meet court requirements:

• Confirm the absence of a valid will by checking with the deceased’s attorney and reviewing personal files.
• Gather vital information: death certificate, asset list, creditor statements.
• File a petition for administration in the county probate court.
• Serve notice on heirs and publish notice to unknown creditors as required by G.S. 28A-11.
• Inventory and appraise estate assets under G.S. 28A-6.
• Settle valid claims, expenses and taxes, then request court approval of final distribution.
• Distribute property and obtain heir receipts to close the estate.

Conclusion and Next Steps

Intestate succession in North Carolina follows strict rules to ensure a fair distribution when no will exists. Navigating these statutes can feel overwhelming. Pierce Law Group’s team applies years of probate experience to guide families through every step.

Contact us today for personalized help with intestate administration. Email us at intake@piercelaw.com or call (919) 341-7055.