Jan292026
Probate Q&A Series

If there is no will, how is a surviving spouse supposed to receive the deceased spouse’s money and property? – North Carolina

Short Answer

In North Carolina, if a spouse dies without a will, the surviving spouse does not automatically receive everything. The surviving spouse receives an “intestate share” set by statute, and property titled only in the deceased spouse’s name (like a sole-name bank account) is usually collected through an estate process handled by the Clerk of Superior Court. In many cases, the surviving spouse must open an estate (or use a simplified procedure if eligible) so a personal representative can gather assets, pay valid debts, and distribute what remains under North Carolina’s intestacy rules.

Understanding the Problem

When a spouse dies in North Carolina without a will, the key question is how the surviving spouse can legally access and receive money and property that is titled only in the deceased spouse’s name, such as sale proceeds held in a sole-name bank account. The answer depends on whether the asset is part of the probate estate and, if it is, what share North Carolina law gives the surviving spouse based on whether the deceased spouse also left children or parents. The process typically runs through the Clerk of Superior Court in the county where the estate is administered.

Apply the Law

North Carolina’s “intestate succession” laws control who inherits when there is no will. In general, assets titled only in the deceased spouse’s name are part of the probate estate and must be collected by a court-authorized personal representative (often called an “administrator” when there is no will). After the administrator gathers probate assets and handles debts and expenses, the remaining “net” estate is distributed to the surviving spouse and any other heirs under the intestacy statutes.

Key Requirements

  • Probate vs. non-probate property: A sole-name bank account is commonly a probate asset that requires estate authority to access, while some assets pass outside probate (for example, by survivorship or beneficiary designation).
  • Surviving spouse’s statutory share: North Carolina sets the spouse’s share based on whether the deceased spouse left children/descendants or parents, and it can differ for real property versus personal property.
  • Proper estate procedure through the Clerk: To collect probate assets, someone usually must qualify as administrator with the Clerk of Superior Court (or use a simplified procedure if the estate qualifies), then distribute the estate according to the statute.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe home-sale proceeds kept in a bank account solely in the deceased spouse’s name. A sole-name account is typically a probate asset, so the bank usually will not release the funds to the surviving spouse just because of the marriage. Instead, an estate process is commonly needed so an administrator can collect the account, then distribute the remaining “net” personal property under the surviving spouse’s intestate share rules in N.C. Gen. Stat. § 29-14 (which can include a set dollar amount plus a fraction of the balance, depending on other surviving family members).

Process & Timing

  1. Who files: Typically the surviving spouse (or another qualified person) seeks to qualify as the estate’s administrator. Where: The Clerk of Superior Court (Estates) in the county where the estate is properly administered in North Carolina. What: An application to open the estate and receive authority (often called “letters of administration”) so the administrator can collect probate assets like a sole-name bank account. When: As soon as practical after death, especially if bills must be paid or assets need to be secured.
  2. Collect and inventory assets: After qualification, the administrator gathers probate assets (including requesting the bank release the funds to the estate), identifies debts and expenses, and follows required estate administration steps. Timing varies by county and by how quickly financial institutions respond.
  3. Distribute what remains: After valid debts/expenses are handled, the administrator distributes the remaining net estate to the surviving spouse and any other heirs under North Carolina intestacy law. If a statutory allowance applies, it is determined through the Clerk as part of the process.

Exceptions & Pitfalls

  • Not all assets follow intestacy: Some assets pass outside probate (for example, accounts with a payable-on-death beneficiary or property held with survivorship rights). Those transfers can change what is left in the probate estate and what the spouse receives through intestacy.
  • Assuming the spouse automatically gets the whole bank account: Under N.C. Gen. Stat. § 29-14, the spouse’s share can be less than 100% if there are children/descendants or surviving parents, and the bank may require estate authority before releasing sole-name funds.
  • Waiting too long to claim spouse protections: Certain spouse rights and allowances can be time-sensitive once a personal representative is appointed. Delays can also create practical problems, like unpaid bills, lapsed insurance, or difficulty locating records needed to administer the estate.

Conclusion

In North Carolina, when there is no will, the surviving spouse receives the share set by the intestate succession statutes, and sole-name assets (like a bank account holding home-sale proceeds) usually must be collected through an estate administered by the Clerk of Superior Court. The key steps are to open the estate, obtain letters of administration, collect the probate assets, and then distribute the net estate under N.C. Gen. Stat. § 29-14. If an elective share may apply, it should be evaluated quickly after letters are issued.

Talk to a Probate Attorney

If there is no will and a surviving spouse needs access to money held only in the deceased spouse’s name, probate steps through the Clerk of Superior Court often control what happens next and how quickly funds can be released. Our firm has experienced attorneys who can help explain the process, identify what is (and is not) a probate asset, and track key deadlines. Call us today at [919-341-7055].

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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.