When a person dies without a Will, it is said that he or she dies “intestate.” In that case, the North Carolina Intestate Succession Laws govern who will inherit your property. Who inherits your property depends on your marital and family status at the time of your death. Here are some examples:
• Married with Children – Your probate estate is divided between your spouse and your children (and if a child has predeceased you leaving descendants, the descendants would take the child’s share).
• Married with No Surviving Children or Other Descendants (and at least one of your parents survives you) – Your probate estate is divided between your spouse and your parents.
• Married with No Surviving Children or Other Descendants (and neither parent survives you) – Your spouse would be entitled to all of you probate estate.
• Single with Children (or other descendants) – Your estate is divided equally among your children (and if a child has predeceased you leaving descendants, the descendants would take the child’s share).
The Intestate Succession Laws governing property distribution are quite complex. If you want further information, you should discuss it with one of our attorneys.