Dying Without a Will in North Carolina

In North Carolina, if a person dies without a will, their property is distributed according to the state's intestate succession laws. These laws determine who will inherit the deceased person's property.

Under North Carolina law, the following individuals are entitled to inherit the deceased person's property:

  1. The surviving spouse: If the deceased person was married at the time of their death, their spouse will inherit the majority of their property, unless there are also surviving children or parents, in which case the spouse will receive a share of the property equal to one-third of the estate.

  2. The surviving children: If the deceased person has children, they will inherit a share of the property equal to their share of the estate, with the spouse receiving the remaining two-thirds. If the deceased person has no surviving spouse, the children will inherit the entire estate.

  3. The surviving parents: If the deceased person has no surviving spouse or children, their parents will inherit their property. If only one parent is alive, that parent will inherit the entire estate. If both parents are alive, they will inherit the estate in equal shares.

  4. The surviving siblings: If the deceased person has no surviving spouse, children, or parents, their siblings will inherit their property. If the deceased person has no surviving siblings, the estate will pass to the deceased person's next of kin according to the state's laws of intestate succession.

It's important to note that these laws only apply to property that the deceased person owned in their own name and did not have a valid will in place. If the deceased person had a valid will, their property will be distributed according to the terms of the will.

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Signing a Last Will & Testament in NC