Dying Intestate North Carolina

Married with no children
Surviving spouse gets entire estate unless the decedent is survived by a parent.  If this is the case, the surviving spouse gets an undivided one half interest in the real property of the estate plus the first $50,000 of personal property and one half of the remaining personal property in the estate.
Married with child or children
If only survived by one child (or a descendant of a deceased child), the surviving spouse gets an undivided one half interest in the real property of the estate plus the first $30,000 of personal property and one half of the remaining personal property in the estate.  If survived by two or more children (or their lineal descendants if deceased), the surviving spouse gets an undivided one third interest in the real property of the estate plus the first $30,000 of personal property and one third of the remaining personal property in the estate.
No spouse survives but there are other relatives
If the decedent is not survived by a spouse, the estate is distributed in the following order:
1) children
2) decedent’s parent(s)
3) decedent’s siblings or the lineal descendants of a deceased sibling
4) grandparents or issue of grandparents (i.e. decedent’s aunts and uncles)
No surviving relatives
Entire estate passes to the Escheat Fund of North Carolina
State link
http://tinyurl.com/ccvad7
http://tinyurl.com/dfxdjp

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>