NC risk area
Intestacy risk in North Carolina
How assets are distributed when there is no will and state default rules control the outcome.
North Carolina intestacy gives the surviving spouse different shares of real and personal property depending on the number of surviving descendants or parents.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- With one child (or descendants of one child), the spouse receives one-half of the real property and $60,000 plus one-half of the balance of personal property.
- With two or more children (or descendants of multiple children), the spouse receives one-third of the real property and $60,000 plus one-third of the balance of personal property.
- If there are no descendants but a parent survives, the spouse receives one-half of the real property and $100,000 plus one-half of the balance of personal property.
- If there are no descendants or parents, the spouse receives all real and personal property.
Questions to consider
Questions this risk area helps you evaluate in North Carolina
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
North Carolina intestacy gives the surviving spouse different shares of real and personal property depending on the number of surviving descendants or parents.
- With one child (or descendants of one child), the spouse receives one-half of the real property and $60,000 plus one-half of the balance of personal property.
- With two or more children (or descendants of multiple children), the spouse receives one-third of the real property and $60,000 plus one-third of the balance of personal property.
- If there are no descendants but a parent survives, the spouse receives one-half of the real property and $100,000 plus one-half of the balance of personal property.
- If there are no descendants or parents, the spouse receives all real and personal property.
- Any remainder passes to descendants, then parents, then siblings and more remote relatives by statute.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_29/gs_29-14.html
- https://law.justia.com/codes/north-carolina/chapter-29/article-2/section-29-15/
- https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-24.html
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in North Carolina.