- posted: Jul. 18, 2019
What happens if you die without a Will in North Carolina?
If you die without a Will in North Carolina, your assets will go to your closest relatives under North Carolina’s “intestate succession” laws. North Carolina General Statutes §§ 29-1 through 29-30 dictates who gets what out of your probate estate if you did not create an Estate Plan prior to your death.
If you die without a Will here’s what happens:
- If you have children but no spouse:
Children inherit everything.
- If you have a spouse but no descendants or parents:
Spouse inherits everything.
- If you have a spouse and one child or descendants of one child:
Spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance).
Child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share.
- If you have a spouse and two or more children or descendants of those children:
Spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance).
Children or descendants inherit 2/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share.
- If you have a spouse and parents:
Spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $100,000 or less, your spouse inherits all of it; if you have more than $100,000 worth of personal property, your spouse inherits $100,000 plus 1/2 of the balance).
Parents inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share.
- If you have parents but no spouse or descendants:
Parents inherit everything.
- If you have siblings but no spouse, descendants, or parents:
Siblings inherit everything.
If you do not want the State of North Carolina’s intestate succession laws to direct where your probate estate goes, you must make a Will!
Call us now to schedule your free consult to discuss all of your options to make a comprehensive Estate Plan and avoid intestate succession. This should include a Revocable Living Trust, Pour-Over-Will, Durable Power of Attorney, Healthcare Power of Attorney, Living Will, HIPAA Medical Authorization, Certificate of Trust, Funding Instructions and possibly an Irrevocable Trust.