Dying Without a Will in North Carolina

By Tom Streissguth

In North Carolina, as in other states, dying without a will is known as dying intestate. It means your assets and liabilities are handled according to the state's laws of intestate succession. This is a complex set of rules, enforced by the probate court, that determines who the heirs of your estate are and the portion of the estate to which they are entitled.

Estate Administration

When handling intestacy, the North Carolina probate court will appoint an estate administrator to inventory all assets, pay debts and taxes, handle funeral expenses, and distribute the remaining property to the heirs of an estate. The court will deduct costs for administration before any property is distributed. These costs include clerk's fees and the fee paid to the court-appointed administrator.

Real Property

The North Carolina Intestate Succession Act specifies the portion of real property assigned to the spouse, descendants -- natural or adopted children and grandchildren -- parents, and relatives of the deceased, known as the decedent. If a spouse and one child survive the decedent, the state assigns one-half interest in real property to the surviving spouse; if there are two or more children, or one child and any grandchildren, the spouse inherits one-third of the property. If there are no children or grandchildren, but at least one parent, the spouse is entitled to a one-half interest. The spouse inherits the entire estate if there are no children, grandchildren, or parents. If a spouse or descendants do not survive a decedent, the entire net estate passes to the decedent’s parents. If a spouse, descendants, or parents do not survive a decedent, the entire net estate passes to the decedent’s siblings or descendants of any deceased siblings. North Carolina law applies to real property within the state; real property located elsewhere is subject to the intestate laws of that state or country.

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Personal Property

For personal property, such as cash, investments, boats, antiques, jewelry and other personal possessions, North Carolina first designates property, up to a total of $30,000, to go solely to the spouse, whether or not there are children, grandchildren or parents. After the initial $30,000, the law awards personal property to the spouse and other heirs proportionally as with real property. North Carolina intestate law applies to all personal property, no matter where it is located.

Exceptions

Certain assets are exempt from the intestate laws of North Carolina and are distributed according to contractual terms. For example, life insurance policies with designated beneficiaries pay the death benefits to the beneficiaries directly and are not covered by the intestate laws. This is also true for any payable-on-death (POD) or transferable-on-death (TOD) accounts that go to the named individual.

Escheat

If the court finds that no individual has a legal claim to the estate, the property undergoes "escheat," meaning it is turned over to the state. North Carolina General Statute 116B-7 provides that the interest earnings from the state escheat fund go to student-aid programs in North Carolina.

Allowance

North Carolina law also allows a surviving spouse to apply for a one-year support allowance for up to $20,000, or $30,000 if the spouse is the sole heir. The year is counted from the date of death. Any children under 18 are also entitled to a year's allowance of $2,000.

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Texas Law: What if There Is No Will at the Time of Death?

References

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Death Without a Will in Michigan

Under Michigan law, when a person dies without a will, it is said the person died intestate. The law has rules for what happens to a person's property when a person dies without a will. These rules are necessary because there is no will to provide direction as to how the deceased wished to distribute his property. The probate court will distribute property that was not owned jointly, as well as property that did not have a named beneficiary, according to Michigan law.

How Does Real Estate Pass Through Intestacy?

When someone dies but fails to leave a will, laws of intestate succession for the state where the real estate is located determine who inherits the property. Intestate succession laws are established based on family structure, so whether the decedent leaves a surviving spouse, living parents, children, no children, siblings or no direct descendants at all determines who inherits real estate owned at the time of death.

Legal Rights for a Widow With No Will in NC

Having a will in place helps clarify how a deceased person wanted his property distributed to his loved ones. If no will is present at death, the probate court must step in and distribute the property under a rigid set of state law rules known as intestate succession. As a surviving spouse in North Carolina, the extent of your legal right to your husband's property depends on the nature of his assets and the existence of other living relatives.

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