North Carolina Intestate Heirs Affidavit and Indemnity Agreement
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If you die without a surviving spouse, your assets will generally pass to your children. If you have no children, your parents will receive the estate. This pattern continues through siblings, grandparents, aunts and uncles, and their descendants.
If the decedent has none of these relatives, assets generally are distributed to family members in the following order of priority: 1) parents; 2) siblings and the children, grandchildren, etc., of deceased siblings; 3) grandparents; 4) aunts and uncles and, if deceased, their descendants.
North Carolina's Intestate Succession Laws If the decedent had two children, the surviving spouse will only receive a one-third interest in the real property. If you die without a surviving spouse, your assets will generally pass to your children. If you have no children, your parents will receive the estate.
If you die without a will in North Carolina, your assets and estate will be handled by North Carolina probate law administrators. This is commonly referred to as ?dying intestate.? North Carolina intestacy laws help ensure your final wishes are carried out upon your death.
All the estate of a person who was born out of wedlock and dies intestate shall descend and be distributed, subject to the payment of costs of administration and other lawful claims against the estate, and subject to the payment of State inheritance or estate taxes, as provided in this Article.
Do All Estates Have to Go Through Probate in North Carolina? Smaller estates with probate-qualified assets valued at less than $20,000 can avoid the formal probate proceeding. If the surviving spouse inherits the whole estate, however, the estate's value can't exceed $30,000 if probate is to be avoided.
If you die with two or more children, or descendants of those children, your spouse will inherit a third of intestate real estate and the first $100,000 of personal property. If there is more than $100,000 worth of personal property, your spouse then inherits a third of the remaining personal property.
Unlike South Carolina and many other states, real property in North Carolina does not typically pass through probate. When a decedent dies intestate (without a Will), title to the decedent's non-survivorship real property is vested in his or heir heirs as of the time of death G.S. 28A-15-2(b).