Understanding NC’s Intestate Law: What Happens If You Die Without a Will
A Will is a crucial part of estate planning, but what happens if a person dies without one? Contrary to common belief, property doesn’t simply transfer to the State. Instead, in North Carolina, the property of individuals who pass away without a Will is distributed according to the North Carolina Intestate Succession Act.
The NC Intestate Succession Act: A Snapshot
Under this act, the way property is distributed depends on the deceased’s surviving relations. Here’s a simple breakdown:
| Survivors | Distribution |
|---|---|
| Spouse and one child, or child’s descendants | Spouse inherits ½ of intestate real estate, plus $60,000 of personal property as well as ½ of any personal property in excess of $60,000. Child or descendants inherit ½ of intestate real estate, and remainder of personal property |
| Spouse and two or more children or the descendants of the children | Spouse inherits 1/3rd of intestate real estate, plus $60,000 of personal property as well as 1/3rd of any personal property in excess of $60,000. Children or descendants inherit 2/3rds of intestate real estate, and remainder of personal property |
| Spouse and one or more parents | Spouse inherits ½ of the intestate real estate , plus $100,000 of personal property as well as ½ of any personal property in excess of $100,000. Parents inherit ½ of intestate real estate, and remainder of personal property |
| Spouse only | Spouse inherits everything |
| Parents only | Parents inherit everything |
| Children only or their descendants | Children/descendants inherit everything |
| Sibling only or their descendants | Siblings/descendants inherit everything |
This table simplifies the act and doesn’t cover every circumstance (such as when there are no surviving spouses, children, parents, or siblings), nor does it explain how shares are divided between children and descendants of deceased children. For such specific matters, the Act itself should be consulted.
Probate Property vs Non-Probate Assets
It’s important to note that intestate law applies to the division of probate property — assets subject to the legal process of administering a deceased person’s estate. But what if a person dies without a Will, leaving only non-probate assets? Non-probate assets are those that transfer to a new owner without a court procedure. They may include assets transferred via beneficiary designation (like an IRA) or other operation of law (like a jointly-owned property with rights of survivorship). For non-probate assets with defined beneficiaries, the laws of intestate succession will not apply; however, failing to properly update beneficiaries can lead to these assets becoming probate assets, and therefore subject to intestate succession. These pitfalls can be avoided with careful estate planning.
Make Your Estate Plan Work for You
If you prefer to distribute your property in a way that differs from the North Carolina Intestate Succession Act’s guidelines, estate planning is essential. To help identify your specific needs, we invite you to complete our estate planning needs assessment (link to the assessment).
Brady Cobin Law Group, PLLC: Your Estate Planning Professionals in North Carolina
Changes in times and shifts in the economy call for robust future planning. It’s never too early to start planning for retirement. At Brady Cobin Law Group, PLLC, we’re here to assist you in making the most of your financial resources and in creating an estate plan that safeguards your assets. Don’t leave your estate to chance; start the conversation today.
To consult an estate planning attorney in Raleigh, NC, call us at
This table simplifies the act and doesn’t cover every circumstance (such as when there are no surviving spouses, children, parents, or siblings), nor does it explain how shares are divided between children and descendants of deceased children. For such specific matters, the Act itself should be consulted.
Probate Property vs Non-Probate Assets
It’s important to note that intestate law applies to the division of probate property — assets subject to the legal process of administering a deceased person’s estate. But what if a person dies without a Will, leaving only non-probate assets? Non-probate assets are those that transfer to a new owner without a court procedure. They may include assets transferred via beneficiary designation (like an IRA) or other operation of law (like a jointly-owned property with rights of survivorship). For non-probate assets with defined beneficiaries, the laws of intestate succession will not apply; however, failing to properly update beneficiaries can lead to these assets becoming probate assets, and therefore subject to intestate succession. These pitfalls can be avoided with careful estate planning.
Make Your Estate Plan Work for You
If you prefer to distribute your property in a way that differs from the North Carolina Intestate Succession Act’s guidelines, estate planning is essential. To help identify your specific needs, we invite you to complete our estate planning needs assessment (link to the assessment).
Brady Cobin Law Group, PLLC: Your Estate Planning Professionals in North Carolina
Changes in times and shifts in the economy call for robust future planning. It’s never too early to start planning for retirement. At Brady Cobin Law Group, PLLC, we’re here to assist you in making the most of your financial resources and in creating an estate plan that safeguards your assets. Don’t leave your estate to chance; start the conversation today.
To consult an estate planning attorney in Raleigh, NC, call us at (919) 782-3500.
.