North Carolina Probate Without a Will (Intestacy)

When someone dies without a will in North Carolina, the estate is distributed according to the state's Intestacy statutes §29-14. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no surviving children or parents
• Spouse receives first $100,000 of personal property plus one-half of the balance, and one-half of real property if the deceased has surviving parents but no children
• Spouse receives first $60,000 of personal property plus one-half of the balance, and one-half of real property (one child) or one-third (two or more children) if there are surviving children who are also children of the surviving spouse
• Spouse receives first $60,000 of personal property plus one-half of the balance, and one-half of real property (one child) or one-third (two or more children) if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Children (and their descendants by representation) share equally
• If no children: parents inherit equally
• If no parents: siblings (and their descendants) share equally
• More remote kin in order of proximity

Without a will naming an Executor, the court appoints an administrator. North Carolina law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes