Short Answer

In North Carolina, if you die without a will and you are unmarried and have no children, your parents are next in line to inherit. They take in equal shares if both are living; if only one parent survives, that parent takes all. If neither parent is living, your siblings (and children of any deceased siblings) inherit instead. A parent who willfully abandoned you can be legally barred from inheriting.

Understanding the Problem

You want to know, under North Carolina law, who gets your assets if you die without a will. You are an unmarried adult with no children and your parents are divorced. The single decision is whether North Carolina’s intestacy rules send your property to one or both parents or to siblings.

Apply the Law

North Carolina’s Intestate Succession Act sets a default order for who inherits when someone dies without a will. Because you have no spouse and no descendants, the law looks to your parents first. If both parents are alive, they inherit equally; if only one survives, that parent takes the entire intestate estate. If neither parent survives, the estate passes to your brothers and sisters and the children of any deceased brothers and sisters. Estate proceedings are handled by the Clerk of Superior Court in the county where you lived.

Key Requirements

• No spouse or descendants: With no spouse and no children or grandchildren, the next class is your parents.
• Parents’ shares: Both living parents share equally; a sole surviving parent takes all.
• Next in line if no parent: Your siblings and the children of deceased siblings inherit if no parent survives.
• Bar to a parent’s rights: A parent who willfully abandoned your care and maintenance can be disqualified from inheriting and from serving as administrator.
• Nonprobate property: Joint accounts with survivorship, beneficiary designations, and similar assets pass outside intestacy and won’t follow these default rules.

What the Statutes Say

• North Carolina Gen. Stat. § 29-15 (Shares of heirs other than spouse) – Sets the classes of heirs (children, parents, siblings, etc.) and their order.
• North Carolina Gen. Stat. § 29-16 (Computation of shares) – Explains how to divide the estate among siblings and descendants of deceased siblings.
• North Carolina Gen. Stat. § 31A-2 (Acts barring rights of parents) – Bars a willfully abandoning parent from inheriting or administering the child’s estate.

Analysis

Apply the Rule to the Facts: You are unmarried and have no children, so the law moves to the parent class. Because your parents are divorced, that does not change their inheritance rights; if both survive you, they split the estate equally. If only one parent is alive, that parent takes all. If a parent willfully abandoned you during your minority, that parent can be disqualified; then the other parent (if living) or your siblings would take.

Process & Timing

1. Who files: An heir (often a parent or sibling) or a creditor. Where: Clerk of Superior Court, Estates Division, in the North Carolina county where you lived. What: Application for Letters of Administration to open an intestate estate and be appointed as administrator. When: As soon as practical after death; opening promptly helps secure assets and start notices.
2. After appointment, the administrator collects assets, identifies next of kin, and gives required notice to creditors. Timeframes for notice and claims are set by statute and local practice; the Clerk’s office provides guidance and forms.
3. The administrator pays valid claims and distributes remaining assets according to the intestacy order, then files a final accounting and closes the estate.

Exceptions & Pitfalls

• Abandonment bar: A parent who willfully abandoned your care and maintenance can be barred from inheriting and from serving as administrator.
• No pet provisions by default: Pets are treated as property; intestacy does not require your heirs to use funds for your cat. Use a will or a pet trust if you want enforceable pet-care instructions.
• Step-parents are not heirs: A parent’s new spouse does not inherit from you by intestacy.
• Nonprobate transfers: Joint-with-survivorship, POD/TOD accounts, and named-beneficiary assets bypass intestacy; review titles and beneficiary designations.
• Heir identification: If no parent survives, shares among siblings and children of deceased siblings are computed by statute; mistakes here can delay closing the estate.

Talk to a Estate Planning Attorney

If you’re navigating who would inherit under North Carolina intestacy—or you want to set clear instructions for your pet and your property—our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your goals.

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.