Understanding Intestate Succession in North Carolina

When a person dies without leaving a valid will, North Carolina law treats their estate as intestate. The court appoints a personal representative to manage the estate, collect assets, pay debts and distribute what remains. This process follows the rules laid out in the North Carolina General Statutes.

1. Appointment of a Personal Representative

Under North Carolina General Statutes § 28A-2-2, the clerk of superior court appoints an administrator for an intestate estate. Priority goes first to surviving spouses, then to blood relatives in descending order. The clerk issues letters of administration, granting authority to act on behalf of the decedent’s estate.

2. Inventory, Creditors and Estate Expenses

The administrator inventories estate assets, notifies known creditors, and publishes notice to unknown creditors. Creditors have up to 90 days to file claims. The administrator pays valid claims, funeral expenses and administration costs before distributing assets.

3. Distribution of Assets Under Intestate Statutes

North Carolina’s intestate distribution laws appear in Chapter 29, Articles 14 and 15. They govern who inherits and in what proportions:

• If the decedent leaves a surviving spouse but no descendants, the spouse inherits everything.
• If there is a spouse and descendants all descended from the surviving spouse, the spouse inherits the entire estate.
• If the decedent leaves a spouse and children from another relationship, the spouse receives the first $60,000 plus one-half of the balance; children share the rest.
• If no spouse survives, children inherit equally. If there are no children, assets pass to parents, then siblings, and so on.

See the full distribution scheme in N.C. Gen. Stat. § 29-14 and § 29-15.

4. Small Estate Summary Procedure

If the estate’s personal property is valued under $20,000, heirs may use the summary procedure outlined in N.C. Gen. Stat. § 28A-18.1. This streamlined process lets heirs collect assets without formal administration. Learn more at N.C. Gen. Stat. § 28A-18.1.

5. Closing the Estate

After distributing assets, the administrator files a final accounting. The clerk reviews it and discharges the administrator. This completes the probate process.

Key Points to Remember

• “Intestate” means dying without a valid will.
• The court appoints an administrator under N.C. Gen. Stat. § 28A-2-2.
• Creditors must file claims within 90 days after notice.
• Intestate heirs inherit according to N.C. Gen. Stat. §§ 29-14 and 29-15.
• Small estates under $20,000 may use a summary procedure (N.C. Gen. Stat. § 28A-18.1).
• Proper planning can avoid intestate rules and ensure your wishes prevail.

If someone you care about has passed without a will, you don’t have to navigate probate alone. Pierce Law Group’s attorneys understand North Carolina’s intestate succession process. Contact us today to discuss your situation. Email us at intake@piercelaw.com or call (919) 341-7055.